Estate Management Procedures (EMP) 2015hsiidc.org.in/sites/default/files/media/E Documents/EMP... · 2017-05-17 · Estate Management Procedures (EMP) - 2015 Page 2 of 97 Chapter

Estate Management Procedures (EMP) – 2015

HSIIDC

Haryana State Industrial & Infrastructure Development Corporation Ltd.

Estate Management Procedures (EMP) – 2015

(Amended up to 08.03.2017)

Table of Contents

Sr. No. Subject/ Title Chapter No.

Page No.

I Introduction - 1

II Industrial Estates/ Parks and facilities 1 2-5

III Pricing of Plots 2 6-8

IV Allotment of Industrial Plots 3 9-17

V Offer of Possession 4 18-19

VI Period for Project Completion 5 20-25

VII Surrender and Resumption of Plots 6 26-28

VIII Leasing and Renting 7 29-32

IX Transfer of Plots/ Sheds 8 33-39

X Change in Constitution/ Shareholding 9 40-41

XI Change of Project 10 42

XII Bifurcation/ Fragmentation of Plot 11 43

XIII Residual Matters 12 44-51

XIV Allotment of plots to the SPV under Cluster Scheme 13 52-53

XV Provisions for Technology park Projects 14 54-60

XVI Provisions for Residential Plots 15 61-68

XVII Group Housing Plots/ Sites 16 69-76

XVIII Institutional Plots/ Sites 17 77-83

XIX Commercial Sites 18 84-90

XX Residential Sites/ Units for Industrial Workers 19 91-96

XXI Copy of notification {ref. Para 3.2(i)(b) of EMP} - 97

Estate Management Procedures (EMP) - 2015

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Estate Management Procedures (EMP) – 2015 (Amended up to 08.03.2017)

Introduction 1. The Enterprises Promotion Policy-2015 (EPP-2015) announced by the State Government vide

notification No. 49/43/2015-4IB1 dated 14.08.2015, provides that the HSIIDC would revise

its Estate Management Procedure in line with the economic environment and aspirations of

the industry and notify its Estate Management Procedure to be known as EMP-2015 which

would address the parameters for allotment, reservation and priority in allotment of

industrial plots and other related matters concerned with management of industrial

estates.

2. In line with the policy decision of the State Government in this behalf, the Corporation had

reviewed the Estate Management Procedures and the revised guidelines referred to as

“Estate Management Procedures (EMP) – 2015” came into operation w.e.f. 16.10.2015.

The "Estate Management Procedures (EMP)-2015" were further reviewed by the Board of

Directors of the Corporation in its meetings held on 16.06.2016, 08.08.2016, 07.11.2016,

24/25.01.2017 and 08.03.2017.

Applicability

3. The provisions of EMP-2015 shall be applicable to all the existing as well as future allottees

of industrial plots/sheds as well as residential, group housing, commercial, institutional &

industrial worker housing plots/sites, in various Industrial Estates / Industrial Model

Townships (IMTs) developed by HSIIDC as well as Industries Department, Haryana,

transferred to HSIIDC and shall be uniformly applicable w.e.f. 16.10.2015 unless otherwise

specified in these procedures.

All service requests to be received after implementation of EMP-2015, shall be dealt as per

the provisions of EMP-2015, including charging of fee/processing fee, wherever applicable.

As regards the pending applications, received before coming into force of EMP-2015, the

same shall be considered to have been filed on 16.10.2015 i.e. the date of implementation

of EMP-2015 and shall be dealt under the relevant provisions of EMP-2015 unless otherwise

specified in these procedures. However, in all cases, the minimum investment criteria for

prestigious projects shall be as applicable at the time of allotment.

Notwithstanding anything contained in these procedures, all cases decided in the past as

per earlier Estate Management Procedures(EMPs)/Policies, shall not be re-opened.


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Chapter 1

Development of Industrial Infrastructure and the Estates/ Parks

1.1 HSIIDC has been given the mandate to develop Industrial infrastructure and thereby

facilitate development and growth of industry in the State of Haryana. The Corporation has

developed industrial estates / IMTs throughout the State in this process.

1.2 In addition to the already developed Industrial estates/ Parks/ IMTs, the HSIIDC has plans

for development of Industrial Parks at various locations.

1.3 The process of development of Industrial Infrastructure necessarily involves acquisition of

land, planning, execution of development works e.g. roads, water supply, sewerage system

and electrical infrastructure. This is followed by provision of secondary level of facilities

such as the STP/CETP, development of plantation/green belts, commercial and institutional

sites, common parking facilities, etc. Indicative details of the amenities falling in different

categories are given in Annexure-1.1.

1.4 The scope and scale of amenities so provided may vary across the industrial estates

depending upon the size of the estate and may not be uniform in all the Industrial Estates.

The effort always remains to develop the basic infrastructure facilities required for start of

construction activity in an industrial estate before initiating the process of allotment of

industrial plots. However, there could be exceptions in strict adherence to this approach.

These exceptional circumstances could arise from a number of factors such as:

i) The HSIIDC may not be in undisputed possession of certain parcels of land on

account of litigation which impede the completion of works at certain places;

ii) There is overwhelming demand for plots pressing for early allotment and the State

may lose out on the potential projects/ investment, if allotments are not made on

immediate basis;

iii) Certain applicants are in urgent/ immediate need of land and are in a position to

start work on their projects without waiting for completion of these facilities.

1.5 Further, there could also be a plan for phased development of the infrastructure facilities.

For instance, it has been observed that the WBM roads provide unhindered access to the

plots for carriage of construction material whereas the tar-felt roads get damaged during

the spurt of construction activities. In addition to the problems associated with settlement

of roads in the initial stages (at least one rainy season), frequent road cuts necessitated for

cross-connections for water supply and sewage call for restoration of these cuts. It is

keeping these conditions in view that the HSIIDC has planned for provision of the

bituminous macadam after a gap of one to two years of the initial allotment. Similarly, the


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infrastructure relating to drainage and sewerage works though an essential part of

development, does not impede the start of construction activity. On the other hand, it is

recognized that availability of access to the plots, water-supply and electrical

infrastructure constitute the basic facilities for any entrepreneur to start working on his

project.

1.6 For the purpose of implementation of the EMP-2015, various industrial estates developed

by the Corporation throughout the State are categorized as under:-

Sr. No.

Category Industrial Model Townships/ Estates/ Parks Developed by HSIIDC

Industrial Estates developed by the Industries Department, Haryana

1 ‘A’ Gurgaon, IMT Manesar, IMT Sohna, I.E./IMT Faridabad, Industrial Estate/EPIP Kundli, Rai, Bahadurgarh, Murthal, Sonepat, Panipat and Panchkula including the Panchkula Technology Park.

IDC Gurgaon, IDC Panipat, IDC Bahadurgarh, IDC Hisar

2 ‘B’ Barhi, Bawal, Karnal, Rohtak and Samalkha

IDC Rohtak, IDC Karnal, Nelokheri, IDC Sonepat, IE Yamunanagar

3 ‘C’ All Estates other than those mentioned above

IDC Narnaul, RIE Mahendergarh, IDC Palwal, RIE Kaithal, RIE Barwala, RIE Fatehabad, IDC Ambala, IDC Pinjore, Kohand

1.7 The above categorisation of estates may be reviewed by the Board of Directors of HSIIDC

from time to time.


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Annexure-1.1

Different scale/ level of Facilities in Industrial Estates

Primary level infrastructure

It is incumbent upon the HSIIDC to provide following basic facilities at site in respect of the

plot for which the possession is offered to enable the allottee to start construction of building :-

Boundary wall of the entire Estate with gates & CCTV cameras

Motorable Road for access to the site

Water supply system i.e. availability of water connection at site for construction &

drinking purpose

Electrical Infrastructure comprising of the Distribution system network for construction

purpose. The industrial grade supply shall be made available before grant of first

occupation certificate

Sewerage disposal Network

Provision of security service in the Estate i.e. construction of police Station/Post

building.

HSIIDC as a developing agency understands that the above mentioned facilities are the

basic minimum in order to term it as developed industrial infrastructure and which can be called as

the Primary level facilities. There are a number of Secondary and Tertiary level facilities and

amenities which may be required and which may need to be provided as add-on in due course of

time depending on the growth of industrialization in the Estate. These have been identified as

under:

Secondary level Infrastructure facilities:

Storm water/Drainage disposal system

Sewerage Treatment/ CETP and disposal

Convenience Shopping Facilities

Idle Parking Spaces

Green cover and Parks

Solid Waste Disposal Sites

Facilitate provision of Broadband services

Food Courts (constructed) at strategic locations in the Estate.


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Subject to force majeure, HSIIDC shall make available the Secondary Level Infrastructure facilities within a period of three years of implementation of projects by the allottees over 25% of total saleable area of the Estate. In case, HSIIDC fails to provide the secondary level infrastructure facilities in a time bound manner as defined above, the allottees shall not be liable to pay any extension fee for completion of the project till these services are made available at site.

Tertiary Level Facilities*

Communications/Telecom Services

Post Office

Banking

Provision for Institutional sites

Provision for Financial Market & Insurance

R & D Centres

Skill Development Centres

Conferencing & Entertainment

Exhibition & Display facilities

Cargo Logistics Centres/ Custom-bonded Warehousing

Petrol & Service Stations

Social Infrastructure*:

Industrial Housing

Healthcare & Medical Attendance Services

ESI Dispensary/ Hospital

Schooling (if residential facilities are provided)

Organised Transport Linkages

The scale of facilities listed above are not provided by the HSIIDC in all the Industrial

Estates. The provision thereof depends upon a number of factors such as the size of the Industrial

Park, the plans and above all, the costs involved in what is to be provided. Some of the facilities

come up during the course of growth of the Industrial Estate as and when the viability thereof is

established. However, the HSIIDC commits itself to provide all such facilities as are factored in the

pricing of the plots at the initial stage.

* Provision of tertiary level facilities and social infrastructure is not the direct responsibility of the HSIIDC. In regard to certain facilities such as Banking, Telecom, Postal Services and ESI Dispensary/ Hospital etc. the HSIIDC makes provision for land but development is dependent upon the third parties. Similarly, distribution of power being with the Power Utilities, HSIIDC cannot provide a comfort regarding immediate availability of power connections and uninterrupted supply thereof. HSIIDC’s basic responsibility is limited to the erection of an efficient distribution system. Note: The amendments in EMP with respect to infrastructure facilities shall be applicable for estates to be

planned/developed in future.


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Chapter 2

Pricing of Plots

2.1 The pricing of plots in any industrial estate is a function of the cost of acquisition of raw

land, administrative costs, survey and demarcation, payment of Government fees,

planning, development and provision of various amenities like roads, water supply systems

including the water-works, sewage, drainage, STP/CETP, final disposal of effluents, etc. as

necessary infrastructure related amenities. The overall costs so incurred are then loaded

on to the net saleable area.

2.2 Normally, at the time of initial floatation of an industrial estate/IMT, the HSIIDC allots

industrial plots on cost basis to the eligible applicants, however, in case the number of

such applicants are more than the number of offered plots in any of the industrial

estates/IMTs, the allotment shall be made through e-auction process. Thus, the HSIIDC

generates revenue by way of allotment of plots as well as by way of disposal of

commercial/institutional sites/residential plots. The revenue so generated by the HSIIDC is

ploughed back in meeting investment requirements of the Corporation including for over-

arching infrastructure facilities that improve the connectivity and means of transport in the

State, cross-subsidising the plots in industrially less developed areas, as well as creation of

future land bank. For instance, the Corporation utilized the revenue generated in the

process for meeting the part-cost of acquisition of land for the KMP Expressway, NCR Water

supply channel for bringing water to the IMTs/IEs, Metro Rail, linkages to Rail Freight

Corridors etc. to name a few. The broad policy in pricing of plots is governed by the

following considerations:

i) Need has been felt to decongest the areas immediately surrounding Delhi and

develop Industrial Estates in areas where industrial infrastructure has either not

been developed so far or industrial development has not taken off with a view to

dispersing the development of industries in a balanced manner. As such, pricing can

be used as a mechanism to decongest the already congested areas.

ii) Industrial plots may be allotted in the IMTs/ IEs for mega projects involving fixed

capital investment of Rs. 100 crore or above, or projects involving employment

generation of more than 500 persons, at special promotional rates, with the

approval of the Haryana Enterprise Promotion Board (HEPB), so as to attract large

size anchor industrial units at these locations with potential for creation of

ancillaries. The pricing under this provision is decided by the HEPB on case to case

basis. Further, preferably, not more than 15% to 20% of the plotted area is to be

allotted under this special dispensation, any exceptions thereto resting with the

HEPB.


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2.3 Treatment of enhancement in the compensation paid to the landowners:

A. Allotment of industrial plots/sheds made before coming into force of EMP-2015:

The landowners whose land is acquired under the Land Acquisition Act, have a

statutory right to file references under Section 18 of the Act seeking higher

compensation as compared to what has been determined by the Land Acquisition

Collector and paid to them at the Award stage. Notwithstanding the Government

Policy of minimum floor rates, scheme of Annuity payments and the R & R Policy,

the amount of compensation is often enhanced by the Courts of competent

jurisdiction. A finality in this behalf is a long drawn process. As such, the pricing of

industrial plots at the initial stage did not take into account any component of

enhancement allowed by the court(s) subsequently. It is for this reason that the

enhanced cost of the land announced subsequently by the competent court(s) was

being recovered proportionately from the allottees separately as per the terms of

allotment & applicable policy guidelines. The component of enhanced

compensation shall continue to be passed on to the allottees of the industrial

plots/sheds where the allotment has been made by the Corporation before coming

in to force of EMP-2015, on proportionate basis.

Wherever the litigation pertaining to enhancement in land compensation U/s 18 of

the Land Acquisition Act is pending before the competent Courts/any such case is

filed in future, the Industrial Association of the respective Estate/Allottees shall be

made aware of the same, so that they can also defend the cases, if they so desire.

Further, the allottees shall have the option to deposit the tentative enhanced cost

during the pendency of the court case/raising of actual demand by the Corporation,

so as to save the interest cost liability of the allottees.

B. Allotment of industrial plots/sheds made after coming in to force of EMP-2015:

In the Enterprises Promotion Policy 2015, announced by the State Government, a

decision has been taken that no enhancement will be charged in respect of

industrial plots/sheds to be allotted by HSIIDC in future. HSIIDC was mandated to

formulate a suitable scheme in this regard.

Accordingly, no enhancement will be charged by the HSIIDC in respect of the

allotments to be made after coming into force of EMP-2015. In order to give effect

to the above ‘No Enhancement Policy’ of the State Government, a fund named as

‘Enhanced Compensation Equalization Fund (ECEF)’ is being created at the State

Government level to meet such liability in future. HSIIDC would be contributing to

the said fund out of the sale proceeds against allotment of plots/sheds to be made


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in future. However, the existing allottees who have been allotted plots before

coming into force of EMP-2015 shall be required to pay enhanced cost on

proportionate basis as per the terms and conditions of their allotment, against

enhancement in land compensation awarded/to be awarded by the competent

courts.

2.4 Revision of Prices of Plots in various categories:

The prices of plots/sheds shall be revised on 1st of April each year by the Board of Directors

of the Corporation. The impact of enhancement orders awarded by the competent court(s)

shall be taken into account before issuance of RLA. In case the highest bidder/applicant is

not ready to accept the plot at revised rates arrived by adding such enhanced cost, the

entire amount deposited by them shall be refunded including processing fee. However, the

service tax portion of processing fee shall not be refunded.

In case there is no demand in any industrial estate against two consecutive advertisements,

with a view to maintain marketability of the plots, the Managing Director may consider

downward revision of prices up to 20% at a time in line with the market price, on the

recommendations of the Business Advisory Committee. For this purpose the Business

Advisory Committee may avail the services of international consulting firms for advising on

pricing of plots.


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Chapter 3 Allotment of Industrial Plots

3.1 The allotment of industrial plots/sheds shall be governed by the provisions contained

under this chapter as amended from time to time to ensure quick disposal of unsold

inventory.

3.2 Reservation of industrial plots:

i. The reservation of industrial plots shall be available as under:

a) Up to 10% of the plots/sheds will be reserved in each Estate for allotment to NRIs/

PIOs and for units with 33% or more FDI in total investment. In case of NRI Plots,

the entire amount towards the price of the plot has to be remitted through NRE

Account of the applicant or in remittances from abroad/ foreign exchange. In the

case of FDI, at least 33% of the Project Cost has to come from the FDI route.

However, the 10% limit would not preclude allotment of plots in the FDI category as

a part of the general scheme of allotment;

b) Preferential allotment up to 2% of the plots/sheds in each Estate has been

prescribed by the Government for allotment to persons with disabilities as defined

in the Persons with Disabilities (Equal Opportunities, Protection of Right and Full

Participation) Act, 1995. The Government has also prescribed a differential rate

of interest on instalments for this category (For complete details in this regard,

Haryana Government Notification No. 49/40/07/4IBI dated 13.03.2007 may be

referred). However, in case no applications are available from the eligible

category, the un-allotted plots may be utilised under the general category.

c) Any other reservation of industrial plots/sheds as may be decided by the State

Government/HSIIDC from time to time.

ii. Irrespective of number of industrial plots allotted under the above categories in the

past, the number of plots reserved for future allotment shall be worked out on the

basis of total number of plots available for allotment as on 30.09.2015.

3.3 Subject to the above, the allotment of Industrial plots shall be governed as under:

Categories of Allotment:

a) Mega Projects involving fixed capital investment (i.e. land, building, machinery &

misc. fixed assets) of Rs.100 crore and above or projects involving employment

generation of more than 500 persons and serving as anchor units for proliferation of

ancillaries.


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b) Allotment under fast track scheme to Central/State Government PSUs;

c) General, FDI/NRI and persons with disability category

d) Any proposal for allotment of land to set up a project by any reputed foreign

investor through 100% FDI route anywhere in the State, not falling under any other

provision of EMP

3.4 Process of Allotment:

i. Mega/ 100% FDI projects by reputed foreign investors category:

a) For Mega /100% FDI projects by reputed foreign investors, the identified land/plots

measuring one acre and above size as per already approved layout plans will be

offered for allotment through advertisement. 100% of the available plots of each

sector / phase shall be offered for allotment in one go.

b) Where any entrepreneur approaches the HSIIDC with requirement of a chunk of land

(which can either the specific/identified site/plot(s) or just indicating the size of

the land required), larger than the available size as per approved layout plan, in

such cases, upon receipt of such project proposals from the applicant/investor,

after initial scrutiny, the HSIIDC shall invite applications for allotment of such

chunk of land through advertisement.

c) Under both the above scenarios, a suitable time shall be given in the advertisement

for submitting formal application as per procedure. In case, number of applications

received are more than the number of offered plots in any plot size category or

more than one application is received for a particular plot, allotment shall be made

through e-auction in favour of the highest bidder; otherwise, the identified

land/plot would be allotted to the applicant/investor through Higher Level Plot

Allotment Committee/EEC at the price/rate applicable at the time of issuance of

RLA.

d) The allotment of industrial plots under Mega projects category involving

concessional rates with other incentives (a customized package) shall be made by

Haryana Enterprise Promotion Board under the Chairmanship of Hon’ble Chief

Minister/Haryana.

ii. General / NRI / FDI / Persons with Disability Category Allotment:

a) The applications for allotment of plots under this category shall be invited through

advertisement and 100% of the available industrial plots of each sector/phase shall

be offered for allotment in one go;


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b) Suitable time period shall be given for submission of applications. The process of

allotment of industrial plots, in respect of applications received in a particular

month shall be finalized preferably in the next two months;

c) In case, the number of applications received in any plot size category are less than

or equal to the number of plots offered, all the applicants may be considered for

allotment by the industrial Plot Allotment Committee and where the number of

applications are more, the allotment shall be made through limited e-auction

amongst the applicants;

d) The applications for allotment of adjacent carved out plots to the existing plot

holders shall be received by the Corporation along with other general category

applications through advertisement. In case the number of applications received for

any plot size category are less than or equal to the number of plots offered for

allotment, the allotment of adjacent plots in such cases, to the existing

allottees/plot holders shall be made on preferential basis at the time of draw of

lots, on the allotment price prevailing at the time of issuance of RLA. In case more

than one adjacent existing allottees are interested in the same plot, the allotment

shall be decided through draw of lots amongst such applicants. In case the overall

number of applications received in that plot size category are more than the

number of plots offered for allotment, the allotment shall be made through e-

auction between the applicants.

e) The allotment of unplanned pockets/strips of land, adjoining allotted plots shall be governed as under:

a. The applications for such land pockets shall be accepted from the adjoining plot holders through on-line mode against advertisement only;

b. Before including the unplanned pockets/strips of land in the advertisement, the Planning Division of the Corporation shall certify that such pocket cannot be put to some other effective use by the Corporation or separate plot(s) could not be carved out of such unplanned pocket and allocate a distinct number to identify its location.

c. Other process of allotment prescribed under EMP shall be followed in such cases also. In case, only one adjacent allottee applies against a particular plot/site, the allotment shall be made to such applicant on the prevailing allotment rate. In case, more than one adjacent unit/plot holders have applied for the same plot/site, the allotment shall be made through limited e-auction amongst such adjacent units/plot holders.


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iii. Central/State Government PSUs Category:

a) The allotment of industrial plots to set up permissible projects by well-known

Central / State Govt. Public Sector Undertakings, shall be made on fast track basis.

The applications for allotment of plots under this category shall be received by the

HSIIDC on on-going basis.

b) The allotment under this category shall be made by MD/HSIIDC at allotment rate

fixed/revised from time to time.

iv. Specific Industry Clusters Category:

In case the HSIIDC receives proposal from any cluster/group of industrial units

falling under a particular industry category seeking allotment of land for setting

up/re-location of their units engaged in a specific trade, in HSIIDC Industrial estates

as a cluster, involving aggregate investment of at least Rs.100 crore, the HSIIDC

may carve out a special cluster for such industrial units. The procedure for

allotment of industrial plots in such cluster shall be the same as for general

category allotment.

v. For allotment of industrial plots under all the above categories, the land

requirement shall be justified and the value of land shall preferably not exceed 60%

of the total fixed capital investment (Land, Building, Plant & Machinery and Misc.

Fixed Assets). Further, the investment in plant & machinery shall not be less than

20% of the total fixed capital investment and the project proposed to be setup shall

be falling under the permissible activities.

vi. In case the applicant who gives the highest bid under e-auction allotment scheme

of the Corporation, but does not accept the allotment, the entire amount deposited

by him towards the application money along with the application i.e. 10% of price

of the plot at the reserve price shall be forfeited. Further, where the number of

applications received are less than or equal to the number of offered plots and the

allotment is made at the reserve price, in those cases also, if the applicant does

not accept the allotment after issuance of RLA, the entire amount deposited by him

towards the application money shall be forfeited. (The amendments in this clause have

been approved by the Board in its 336th meeting held on 25.01.2017 and are applicable

prospectively for applications to be invited in future)

3.5 Committees appointed for the purpose:

i) For Mega projects having fixed capital investment (land, building, machinery and

misc. fixed assets) of Rs.100 crore & above or projects involving employment


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generation of more than 500 persons and serving as anchor units for proliferation

of ancillaries, seeking allotment of plots at concessional rates with other

incentives (a customised package), allotment of industrial land/ plot shall be

made by the Haryana Enterprise Promotion Board (HEPB) under the Chairmanship

of Chief Minister, Haryana.

ii) Allotment of Plots to (i) mega projects, without any concession and (ii) 100% FDI

projects by reputed foreign investors as mentioned at 3.3(d) above shall be made

by the Executive Empowered Committee under the Chairmanship of Principal

Secretary to Chief Minister, Haryana or the Higher Level Plot Allotment Committee

comprising of the following members:

1 Administrative Secretary of the Industries Department

Chairman

2 MD/ HSIIDC Member- convenor

3 MD/HFC Member

4 Director, Industries Member

iii) For categories of applications received under para 3.3.c above, the Committee will

be as under:

1 MD/HSIIDC Member

2 MD/HFC Member

3 Director of Industries, Haryana Member

4 MD/HARTRON Member

Note: The Senior-most member will act as Chairman of the Committee. At-least one member, besides MD, HSIIDC should be present in all meetings to complete the quorum. Substitution can be made in extreme exigencies with an officer of the concerned Department /Organisation.

3.6 Payment Terms

i) 10% of the tentative price of the plot along with the application as earnest money

(non-refundable in case of successful applicants in terms of clause 3.4(vi) above;

ii) Balance towards 25% price of plot (after adjusting earnest money) within a period

of 30 days of issue of RLA (date of issuance of RLA to be excluded), further

extendable for 30 days with interest @ 13% p.a. for the extended period;

iii) In the event an allottee fails to make payment mentioned at ii) above, within 60

days period (date of issuance of RLA to be excluded), the RLA shall automatically

lapse and the amount deposited by the allottee towards application money shall be

forfeited. (The amendments in this clause have been approved by the Board in its 336th


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meeting held on 25.01.2017 and are applicable prospectively for applications to be invited

in future);

iv) No interest will be payable in cases where the allottee makes the total balance

payment in lump-sum within a period of 60 days of issue of Regular Letter of

Allotment (RLA), date of issuance of RLA to be excluded. As an incentive to such

allottees, a rebate of 3% on 75% of principal cost of the plot, shall be admissible;

v) In case the allottee does not opt to pay full cost of the plot in lump sum within

sixty days, the remaining 75% of the tentative price of the plot is to be paid in eight

equal half-yearly instalments due on 30th June & 31st December. In case, at any

stage, the allottee clear the outstanding plot cost dues in lump sum, a rebate of 3%

on such outstanding (principal portion) cost of the plot, shall be admissible;

vi) Interest @ 11% p.a. shall be charged on the balance outstanding after ‘offer of

possession’ of the plot/shed. Default in payment of instalments shall entail

payment of delayed interest @ 13% p.a. for the defaulted period on the amount in

default, compounded half yearly;

vii) In a case where the allottee approaches HSIIDC for taking over physical possession

of the plot in an area of which possession has not been formally offered on account

of non-completion of basic infrastructure development works, the same may be

allowed subject to the allottee furnishing an undertaking in the prescribed format

that he would not raise any claims against HSIIDC on this account. As an incentive

to such an allottee, he will not be charged any interest on his balance instalments

till the possession is formally offered by the HSIIDC on completion of minimum basic

amenities. However, in case of any default in payment of instalments on due dates,

interest @ 13% p.a. will be charged on the amount of default for the period of

default, compounded half yearly;

viii) As regards existing allottees who have been allotted industrial plots/sheds before

coming into force of EMP-2015, any additional price of the plot/shed, as a

consequence of enhancement in compensation that has been/may be awarded by

the Court(s) in any matters/cases arising out of the acquisition proceedings or any

incidental or matters connected thereto, shall be payable by the allottee in lump-

sum within 60 days from the date of issue of demand notice without any interest. In

the alternative, the allottee shall have the option to make the payment on account

of enhanced cost in ten half-yearly equal instalments due on 30th June & 31st

December, with interest @ 11% p.a. on the balance amount outstanding. Default in

payment of instalments shall entail interest @ 13% p.a. for the defaulted period on

the defaulted amount, compounded half yearly (The amendments in this clause are

applicable w.e.f. 16.06.2016);


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ix) In the Enterprises Promotion Policy 2015, announced by the State Government, a



formulate a suitable scheme in this regard;

Accordingly, the allottees who are allotted plots after coming into force of EMP-

2015 shall not be imposed proportionate enhancement in respect of the

enhancement orders passed by the courts after the date of issuance of RLA in their

favour. However, the existing allottees who have been allotted plots before coming

into force of EMP-2015 shall be required to pay enhanced cost on proportionate

basis as per the terms and conditions of their allotment against enhancement in

land compensation awarded/to be awarded by the competent courts;

x) The allottee shall get the conveyance deed executed in his/her/its favour with in

one year of making payment of full price of the plot/shed, including enhanced cost,

after clearance of all types of dues of the Corporation. In case of failure to do so,

the execution of conveyance deed shall attract payment of stamp duty on the value

of the property calculated at the prevailing collector rate in case the same is higher

than the allotment rate plus applicable enhanced cost. In the existing cases where

full cost of the plot/shed including enhanced cost, if any, has been deposited, the

allottees can get the conveyance deed executed by 30.06.2017 after clearance of

all types of dues of the Corporation, as per existing practice and thereafter the

revised provision of payment of stamp duty shall be applicable. It is clarified that

conveyance deed in favour of the allottee can be got executed through registered

GPA of the allottee.

Note: In case the plot is allotted under the NRI/PIO categories, funds towards the price of the plot should come from his/ her NRE account/ remittances from abroad/ foreign exchange.

3.7 Processing Fee

a) For allotment of plot

The applicant shall be required to deposit application on-line along with the non-

refundable processing fee as hereunder:

Size of Plot (Sq. mtr.) Category ‘A’

Estates

Category ‘B’

& ‘C’ Estates

Up to 500 Rs. 5,000/- Rs. 3,000/-

501-1050 Rs. 7,500/- Rs. 5,000/-

1051-4050 Rs. 10,000/- Rs. 7,500/-

4051-8100 Rs. 15,000/- Rs. 10,000/-

8101 and above Rs. 25,000/- Rs. 15,000/-


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b) For all other services

Processing fee for other services, where ever payable as per EMP-2015, shall be

charged at following rates:

Category of Estate Processing fee

A Rs. 10,000

B & C Rs. 5,000

Note: The processing fee will be inclusive of service tax, if applicable

3.8 Service Sector Enterprises

Considering the importance of service sector enterprises, it has been decided to allow

activities of service sector enterprises directly providing services to the manufacturing

enterprises. The following services which support the manufacturing activities in industrial

estate/IMTs shall be eligible for allotment of industrial plots:

1 Repair, Maintenance and parking of machineries/equipment used for industrial activities

2 Industrial/Technical Test lab

3 Industrial photography

4 Bulk courier services

5 Weigh bridge

6 Blue printing/drawing/computer designing facilities/drafting facility/CAD-CAM

7 Research & Development in any field

8 Tool room for facilitation of industry

9 Media houses, printing, publishing services

10 Industrial kitchens/catering services

11 Engineering & Design services

12 Repair & maintenance, servicing of vehicles without any provision of showroom/ display of new vehicles

13 Skill Development Centers

Up to 25% of the industrial plots may be earmarked by HSIIDC for service sector enterprises

in its industrial estates, at its sole discretion.

3.9 Allotment of plots on leasehold basis in Mega Food Park, Phase-III, Barhi

The allotment of plots on leasehold basis in Mega Food Park, Phase-III, Barhi under the

norms of Mega Food Park Scheme of Ministry of Food Processing Industries, Govt. of India shall be

governed by the following terms and conditions:

i) Allotment under lease hold basis shall be governed under the Mega Food Park Scheme alongwith the provisions of Estate Management Procedures (EMP-2015) of HSIIDC with regard to extension, timely implementation of the project, transfer etc. as applicable in case of regular allotment of plots/sheds, except for those norms for which specific clause/norms have been mentioned.

ii) The land/shed shall be allotted on lease hold basis on payment of Land Premium equivalent to the tentative cost of the plot/shed i.e. prevailing allotment rate of HSIIDC for the said Phase/Estate. The initial lease period shall be ten years. The allottee will be eligible to get


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it converted to freehold after completion of lease period of ten years on payment of nominal charges, subject to the lessee having remitted entire outstanding dues and compliance of the terms of allotment of plot.

iii) The Land Premium shall be payable in 8 half yearly instalments with applicable interest thereon. In case of default in making payment of instalments on due date, applicable interest shall be charged on the amount of default for the period of default, compounded half yearly.

iv) Yearly economic lease rentals @Rs. 2.50 per sq. mtr., per annum effective from the date of allotment on lease hold basis with an increase of Rs. 1/- per sq. mtr., on an annual basis shall be charged.

v) The lease rentals shall be payable on annual basis; with first lease rental payable within 30 days of commencement/date of lease and payable on similar pattern for subsequent years; failing which penal interest with half yearly compounding shall be applicable.

vi) The industrial plot shall continue to be utilized for the approved project and shall be governed by any norms prescribed by the Ministry of Food Processing Industries (MOFPI), Govt. of India, under the Mega Food Park Scheme (MFPS). In case of discontinuance of the said project, the lease deed shall be terminated.

vii) Maintenance charges shall be payable by the lessee on actual basis. The charges for electricity, water, sewer etc. shall borne by the lessee. Service tax etc. wherever applicable shall be payable by the lessee.

viii) The lessee shall execute lease deed with the Corporation containing the terms and conditions mentioned as at the time of allotment under lease hold basis alongwith other conditions. The lease period shall commence from the date of conveying the allotment of industrial plot on lease hold basis and obligation and labilities under lease agreement shall be deemed to have commenced from that date.

ix) The Corporation reserves the right to cancel the deed and terminate the allotment, disconnect the water supply and forfeit the amount of lease rentals remitted on account of non-adherence of Estate Management Policy Guidelines of the Corporation.

x) All the expenses towards the registration of lease shall be borne by the lessee.

xi) The period for fulfilment of all obligations/conditions qua the implementation of the project etc. by the lessee shall be as per the terms applicable for the regular allottee under EMP-2015 guidelines.

xii) The original lease deed where land Premium equivalent to the plot cost has been paid, may be allowed for mortgage.


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Chapter 4

Offer of Possession

4.1 An ‘offer of possession’ means that the Corporation makes an offer of physical possession

of the plot/site to the allottee. The Corporation would offer the site(s) for physical

possession after it has completed the basic infrastructure facilities comprising of (i) a

motorable access road to the site, (ii) water supply system i.e. availability of water

connection at site for construction & drinking purpose; (iii) Sewerage disposal Network;

(iv) Electrical Infrastructure comprising of the Distribution system network for construction

purpose; and (v) Provision of security service in the Estate, and made these facilities

available at site in respect of the plots for which the possession is offered so as to enable

the allottee to start construction of building for the project. It would be in order to offer

the possession of plots in an estate in parts or in a phased manner. (The amendments in

EMP with respect to basic infrastructure facilities to be provided before offer of possession

shall be applicable for estates to be planned/developed in future i.e. after 08.03.2017).

4.2 Before a decision is taken to offer the possession in an estate, a Committee comprising of

the concerned Estate Manager, IA In-charge, IPD In-charge, one Independent Director and a

representative of the Industrial Association (in case of new Estates, where there is no

Association, a representative of the association of adjoining estate may be associated) shall

certify the availability of primary level infrastructure facilities.

4.3 On completion of the above exercise, the Estate Manager shall obtain the Zoning Plan in

respect of each plot from the Infrastructure Planning Division (IPD). Thereafter:

i) The concerned Estate Office of the HSIIDC shall offer possession of industrial plots

to the allottees by way of a formal communication at the correspondence address

given by the allottee. Letters for ‘offer of possession’ shall be issued by

registered/speed post / email in order to track the delivery of the communication

to the addressee;

ii) The offer of possession shall be accompanied with a copy of the ‘Zoning Plan’ as

applicable to the said category of plots;

iii) An allottee can represent against the ‘offer of possession’ within a period of 30

days of the issue of offer letter in case his plot is not free from all encumbrances or

absence of the provision of basic amenities, along with the supporting

documentary/ visual evidence;

iv) On receipt of any such representation, a representative from the Estate office shall

visit the site, preferably along with the allottee or his representative, within 7

working days and submit a report to the Estate Manager, who will take an

appropriate decision, by a reasoned order, accepting or rejecting the grounds of

representation. In case the representation is found to contain merit, the Estate


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Manager will direct the offer of possession to be held in abeyance till the deficiency

is addressed and rectification is carried out and allow all consequential benefits to

the allottee. He shall simultaneously fix the responsibility for wrongful offer of

possession made in the first instance. The offer of possession shall be revived as

soon as the cause of suspension thereof is rectified.

4.4 Consequences of ‘Offer of Possession’ by the HSIIDC:

i) Once the Estate office has offered the possession of plots, the allottee shall be

liable to pay interest @ 11% p.a. on the unpaid balance amount of the tentative

price of the plot;

ii) Any default in payment of instalments in time shall entail payment of delayed

interest @ 13% p.a. on the amount of default for the period of default, compounded

half yearly;

iii) The period allowed for completion of each stage of the project and final

implementation of the project shall count from the date of ‘offer of possession’.

4.5 Suo Moto request for Physical Possession

i) There may be cases where an allottee is in a hurry to establish his project due to

his business commitments and he is not in a position to wait for the completion of

the basic minimum infrastructure facilities. The allottee can request for taking

physical possession of the site at an early stage in such cases, i.e. before

completion of basic infrastructure amenities. In such an event, he assumes the risk

of undertaking execution of his project and meets all consequential costs on this

account. Based on this clear understanding, the Estate Manager may allow physical

possession of the plot to the allottee upon receipt of a request from him to this

effect and facilitate provision of the Zoning Plan;

ii) As an incentive to such an allottee, interest shall not be charged from him on the

outstanding amount till such time the Estate Office formally offers the possession

on completion of basic infrastructure facilities; but in case of any default in

payment of instalments on due dates, interest @ 13% p.a. will be charged on the

amount of default for the period of default, compounded half yearly. Further, the

period for fulfilment of all obligations/conditions qua implementation of the

project by the allottee shall count from the date of formal offer of possession of

the plot by the Corporation after completion of basic infrastructure facilities.

Note: The amended provisions of clause 4.5 of EMP-2015, under the head “Offer of Possession” shall be

applicable for cases where the possession is yet to be offered by the Corporation. However, in the case of existing allottees, who have already taken suo-moto possession without formal offer of possession by the Corporation, no extension fee shall be charged in future till primary level infrastructure facilities are completed.


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Chapter 5

Period Allowed for Completion of the Project

5.1 The allottee shall be required to complete the project on the industrial plot within a period

of three years from the date of offer of possession of the plot.

5.2 The period for completion of the project beyond the initial period of three years would be

deemed extended on payment of prescribed extension fee through on-line mode for a

further period of three years on year to year basis.

5.3 In case of sheds/flatted factories, the allottee shall be required to complete the project

within two years from the date of offer of physical possession of shed/flatted factory by

HSIIDC. The period for completion of the project beyond the initial period of two years

would be deemed extended for a further period of three years on year to year basis on

payment of prescribed extension fee through on-line mode.

5.4 The allottee shall be required to pay the extension fee, wherever permissible, at the

rate(s) prescribed for that area and the payment shall be due with effect from the date the

extension is applicable and for any delayed payment, interest @ 11% p.a. shall be charged

on the amount due for the delayed period.

5.5 The extension beyond six years (five years in case of shed/flatted factory) shall be granted

by the Estate Manager on year to year basis by charging fee equivalent to double the fee

applicable for the previous year.

The allottee shall apply for extension in the prescribed format indicating various steps

taken by him towards implementation of the project along with payment of applicable fee.

The Estate Manager shall convey his decision with regard to the extension within 30 days. In

case no reply is received by the allottee within the prescribed time, the extension shall

deem to have been granted by the HSIIDC.

5.6 Extension fee shall be charged at following rates:

Sr. No.

Category of Estate Plots (in Rs. per sq. mtr.)

1st Year 2nd Year 3rd Year

1 Category ‘A’ 75 150 250

2 Category ‘B’ 40 80 150

3 Category ‘C’ 15 30 50

In case of shed, the extension fee shall be payable on the area of the plot under shed.

However, in case of flatted factory, extension fee shall be payable on the plinth area basis.

5.7 Completion of Project (General/NRI/FDI/Persons with Disability Category):

An industrial project would qualify the criteria for completion in the following manner:


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a. Construction norms:

For the purpose of completion of the project, the allottee shall be required to

construct the building having minimum construction coverage as under:

i. Up to the size of one acre : 25% of the PCA (4050 sq. mtr.) ii. Above one acre up to five acres : 20% of the PCA iii. Above five acres : 15% of the PCA

The Permissible covered area (PCA) as applicable for different industries as per the

norms of Town and Country Planning Department, Haryana/ HSIIDC shall be

adhered.

b. Installation of Plant & Machinery and implementation:

The unit has gone into commercial production after installation of plant and

machinery to the extent of at least 30% of the value prescribed for allotment of

plot. Further, where the allottees have already implemented the projects under

the previous policies applicable from time to time, their cases shall not be re-

opened.

5.8 Project Implementation and project completion for the Plots allotted under on-going

scheme - Guidelines regarding prestigious projects involving investment of Rs.50/40/30 Crore (earlier Rs.30/20/10 crore) and Mega Projects:

i. A separate standard of performance is expected in the case of plots allotted under

the prestigious/mega category. Such projects shall be monitored in two parts i.e.

(a) completion of the project and (b) part completion of the project, as under:

a. Completion of project:

The project shall be considered as complete after the allottee has started

commercial production, after obtaining occupation certificate as per minimum

construction norms as mentioned in clause 5.7(a) and has made fixed capital

investment in the project to the extent of at least 75% of the projected fixed

capital investment, subject to minimum benchmark investment, as applicable at

the time of allotment/execution of agreement.

b. Part completion of project:

The project shall be considered as partly completed provided the allottee has

started commercial production, after obtaining occupation certificate/part

occupation certificate with construction coverage at least to the extent of 50% of

the minimum construction coverage norms and after installation of plant and

machinery as stated in the project report for 1st phase of the project or to the


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extent of at least 30% of total value of plant & machinery for the project as a

whole, as stated in the project report, whichever is lower.

ii. Period allowed for completion of project:

The allottee shall be required to complete the project on the industrial plot within

a period of three years from the date of offer of possession. Extension for

completion of project can be considered in these cases with extension fee as

applicable in the case of general allotment. (The amendment in this clause shall be

applicable for allotments made on or after 16.06.2016)

iii. In case the allottee has partly completed the project as per clause 5.8(i)(b), no

extension fee shall be required to be paid by the allottee for completion of project

till the sixth year. In case the allottee fails to complete the project within six

years, he shall be liable to pay extension fee for 7th year onwards at the rates

applicable for general category plots, for each year of delay or part thereof.

iv In case the allottee of the industrial plot under prestigious project category intends

to lease out a part of the premises, after part completion of the project as stated

in clause 5.8(i)(b) above, the same may be allowed by the Committee under the

Chairmanship of Administrative Secretary of the Industries Department, Govt. of

Haryana, considering merits of the case.

v. Exit route for allottees of prestigious project category:

In case, the allottee has implemented/partly completed the project but is not in a

position to complete the project within the stipulated period and intends to exit

the scheme, the fee/penalty will be payable in the following manner:

Sr. No.

Investment achieved *Fee/ Penalty ( as % of current allotment price

Min. Construction norms achieved

Min. Construction norms not achieved

i) Above 25% but up to 50% of proposed investment

30% 35%

i) Above 50% but up to 75% of proposed investment

25% 30%

ii) Above 75% but less than the minimum investment of Rs. 50/40/30 crore (earlier Rs. 30/ 20/ 10 crore), as the case may be

15% 20%

* or double the normal fee, as applicable for transfer of plot, whichever is higher. Service tax as applicable shall be payable extra. Upon payment of the above mentioned penalty, the project shall be treated as general category project and shall be considered to have been completed subject to fulfilment of minimum construction coverage norms.


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Note:* All pending applications, received before coming into force of EMP-2015,

shall be considered to have been filed on 16.10.2015 i.e. the date of implementation of EMP-2015 and shall be dealt under the provisions of EMP-2015.

As per amendments in EMP effective from 08.03.2017, the category of allotment for prestigious projects has been done away with for future allotments. However, the provisions of clause 5.8 shall continue to remain effective for allotments already made under prestigious projects category.

5.9 Project Completion Certificate

It will be obligatory on the part of the original allottee to obtain ‘Part Completion

Certificate’ / ‘Project Completion Certificate’ as the case may be from the concerned

Estate Manager which will be conclusive evidence with regard to part

completion/completion of the project. For this purpose, the allottee shall:

i. Submit an application to the concerned Estate Manager within 15 days of part

completion/completion of the project along with any three of the following documents:

1. Copy of receipt of any taxes (Excise or VAT) paid; 2. Copy of customs Shipping bill; 3. Proof of payment of electricity bill for industrial connection; 4. Copy of receipt of PF/ESI paid; 5. Copy of first raw material purchase bill & sale/job-work bill; 6. List of machinery installed with certified copies of machinery purchase

bills; 7. CA certificate of investment made in the project; 8. Copy of workers’ attendance register & wages payment record;

The documents as above shall be in respect of the unit set up on the plot bearing

the plot address

ii. Upon receipt of request from the allottee as above, the Estate Manager shall

inspect the Unit or cause the same to be inspected by a team of his officers within

a period of 15 days with prior intimation to the allottee & preferably in the

presence of the applicant/allottee. The inspection report shall be got duly

countersigned from the allottee along with photographs/videography of the site;

iii. The Estate Manager shall issue the ‘Part Completion Certificate’ / ‘Project

Completion Certificate’ within 30 days of receipt of application, where the

allottee’s claim is found to be in order after verification of the information

provided by the allottee. In case no reply is received by the allottee within the

prescribed period of 30 days, the ‘Part Completion Certificate’ / ‘Project

Completion Certificate’ shall be deemed issued;

iv. In case, the Estate Manager is not satisfied with the claim of the applicant-allottee

with regard to part completion/completion of the project, the request for issuance


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of part completion / Project Completion Certificate shall be declined in writing

within 30 days of the receipt of application, clearly stating the reasons for such

rejection.

v. For the purpose of issuance of Part Completion / Project Completion Certificate,

reliance shall be made upon the Part Occupation Certificate/Occupation

Certificate, the documents prescribed under clause 5.9.i above and the site

inspection as provided above.

vi. Upon issuance of Part Completion / Project Completion Certificate, the allottee

shall be expected to file an annual information with the Corporation with regard to

performance of the unit viz annual turnover, export turnover, employment in the

unit, taxes paid, products manufactured etc. in the prescribed format to facilitate

future planning of HSIIDC/State Government.

5.10 Building plans and Occupation Certificate

The provisions of building plans and occupation certificate of the Haryana Building Code

2017 shall be implemented by HSIIDC in the following manner:

i. The building plans shall be got certified by the allottee from an empanelled

Architect before starting any construction activity on the plot. The building plans

must be as per the technical provisions of zoning plan and Haryana Building Code-

2017 & regulations of Town and Country Planning Department, Haryana. A copy of

the building plans duly certified by the empanelled Architect must be filed by the

allottee in the office of concerned DTP/STP, HSIIDC before start of construction

activity. No acknowledgement of the same shall be required to be issued by the

office of concerned DTP/STP HSIIDC.

ii. Before occupying the building, the allottee shall obtain the occupation certificate

of the building from an empanelled Architect and shall submit a copy of the same in

the office of concerned DTP/STP, HSIIDC within 15 days.

iii. The concerned DTP/STP shall get such occupation certificate verified any time

thereafter but not later than two months of its submission with prior intimation to

the allottee and preferably in the presence of the allottee. In case any violation of

the building byelaws/zoning regulations is observed, the same shall be brought on

record by the DTP/STP alongwith photographs thereof within 48 hours of

inspection. The allottee shall have the right to file an appeal before MD/HSIIDC

within thirty days of such reporting. In case, the appeal is decided against the

allottee, the compoundable violations shall be compounded by charging

compounding fee at double the normal rate and non-compoundable violations shall

have to be compulsorily rectified by the allottee.


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iv. In old cases when obtaining occupation certificate was not mandatory as per the

terms & conditions of allotment, the same shall not be insisted for various service

requests. In all such cases, the allottees shall be given a window of six months to

obtain the same under self-certification from an empanelled architect and submit a

copy thereof to the Corporation, without levying any penalties for delay in

obtaining occupation certificate.

5.11 Minimum construction coverage norms in old cases

The existing allottees who were allotted plots on or after 07.01.2008 shall also be eligible

to avail the revised minimum construction coverage norms as mentioned in clause 5.7(a).

As regards, the other allottees who were allotted plots prior to 07.01.2008 and obtained

occupation certificate as per the then applicable norms and their terms of allotment, shall

be considered to have fulfilled the minimum construction norms notwithstanding the norms

prescribed in EMP-2015.

The Board of Directors in its 329th meeting held on 21.09.2015 had formulated an amnesty

scheme to grant extension in time for completion of project with envisaged investment to

the allottees of Prestigious category Projects who were allotted plots on or before

30.09.2008. Notwithstanding the provisions of extension to prestigious category projects, in

this chapter, the amnesty scheme approved by the Board of Directors shall be applicable in

those cases qua the rates of extension fee.

Note: The amendments in this Chapter shall be applicable from the date of approval by

the Board in respect of relevant provisions, unless otherwise specified.


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Chapter 6

Surrender/ Resumption of Plots/ Sheds

6.1 Surrender of Plots/ sheds:

a. i. Keeping in view that a number of factors impact the establishment of a

business in a dynamic business environment, it is recognized that the plans for

establishment of a business may undergo a change and the allottee may review and

reconsider his plans to carry on with the establishment of the intended business. In

such situations, the allottees will have the option to surrender the plots/sheds

allotted to them at any point of time. In such an eventuality, the payment

deposited by the allottee towards the price of the plot including interest and penal

interest, if any, deposited by the allottee on instalments, would be refunded,

without any interest by the Corporation, after deducting 10% of the price of the

plot. In addition to the above, maintenance, water/sewer charges, in default, if

any, shall also be deducted from the refundable amount.

*In case of surrender of the plot either due to death of the allottee or before offer

of possession by the HSIIDC or the HSIIDC is not in a position to offer possession of

the plot free from encumbrances or offer alternate similar plot to the satisfaction

of the allottee, the refund would be made without any deduction. Further, along

with surrender request, the allottee shall submit details of his bank account for

payment through electronic mode. However, it is clarified that the provisions for

refund on surrender of plot without any deduction shall not be applicable in the

cases of allotment of industrial plots without offer of possession, where the

allottee has either taken over possession of the plot suo-moto without any formal

offer of possession by the Corporation or surrender is made at a stage where the

infrastructure is complete and the Corporation is in the process of formally offering

physical possession of the plot.

*The cases decided in the past where request has been received by the Corporation

before implementation of these amendments (effective from 16.06.2016), shall not

be re-opened.

ii. The request of the allottee for reduction in size of the plot shall

tantamount to surrender of part plot and on such portion, surrender charges as per

EMP-2015 shall be applicable. After deducting such surrender charges from the

amount deposited, the balance amount (including interest & delayed interest) shall

be adjusted against the cost of changed smaller size plot and revised schedule for

payment of balance cost shall be conveyed to the allottee.


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iii. There shall be no provision for surrender of plots/sheds for future

allotments. In respect of already allotted plots/sheds, the allottees shall have an

option to surrender the plot/shed till 31.12.2017 and thereafter, no request for

surrender of plot/shed shall be entertained. (Clause 6.1.a.ii & iii shall be

applicable w.e.f. 08.03.2017).

b. The procedure regarding surrender of plots/sheds will be as follows:

The allottee will submit his request for surrender of the plot/shed to the concerned

Estate Manager along with complete details of payments made to the Corporation

towards the price of plot/shed, who will process the case and refer the same to

Head Office within a period of fifteen days, along with a copy of ledger account of

the allottee and status of dues towards maintenance/water/sewer charges, for

refund of the amount in accordance with the guidelines under para 6.1(a) above.

6.2 Resumption of Plots/ Sheds

a. The plots/sheds allotted by the Corporation are liable to resumption in the

following circumstances:

i) Non-payment of the dues of the Corporation towards the price of the plot/shed,

enhanced cost, extension fees, transfer fees, leasing fee or any other penalties

imposed on account of any compoundable violations, or the O&M charges/other

dues;

ii) Violation of any other terms and conditions of allotment.

b. In the event of any or all of the above conditions existing, the Estate Manager shall

issue a notice to the allottee for rectification of the breach/ violation within a

period of one month. In case the allottee does not take the corrective action within

the said prescribed period, the Estate Manager shall forward the case, along with

his recommendations/comments, to the Head Office of the Corporation for

appropriate action in the matter. Upon receipt of any such reference from the

Estate Manager, the Estate Division at the Head Office shall issue a final notice to

the allottee at his last known address, by registered post/ speed post/ e-mail, to

show cause as to why the plot should not be resumed. The allottee may be given a

maximum of up to 30 days’ time to respond to the show cause notice. Thereafter,

the Managing Director or his duly authorised representative may grant him an

opportunity of personal hearing, if requested by the allottee in his reply/

representation. The MD shall, thereafter, proceed with the passing of an

appropriate order. A copy of the order shall be endorsed to the concerned Estate

Manager with directions to take back possession of the plot/shed, if the plot/shed

is ordered to be resumed.


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c. Upon resumption of a Plot/ built-up premises/shed, the allottee would be entitled to

refund of the amount deposited towards the price of the plot/shed including interest and

penal interest, if any, deposited by the allottee on instalments, without any interest by the

Corporation, after deducting 10% of the price of the plot/shed. In addition to the above,

maintenance, water/sewer charges, in default, if any, shall also be deducted from the

refundable amount. Such refund shall be made by the Corporation after getting possession

of the plot/shed back from the allottee, free from any encumbrances. In cases where the

plot is resumed along with the structure constructed thereon, the allottee shall be at

liberty to remove such structure from the plot at his own cost within a reasonable time of

three months, failing which the same shall vest with the Corporation and the allottee shall

not be entitled to any compensation in lieu thereof.

6.3 Restoration of Resumed Plots

a. An appeal against the order of resumption passed by the Managing Director shall lie

before the Appellate Committee headed by the Administrative Secretary of the

Industries Department and MD/Haryana Financial Corporation & Director of

Industries, Haryana being other members of the Committee. Such Appeal shall be

made within ninety days of passing of resumption order in the office of

Administrative Secretary of the Industries Department.

b. The Committee may examine the appeal and also grant an opportunity of personal

hearing to the appellant. The Committee may pass appropriate orders on the

appeal after considering all the facts and circumstances of the case while following

the principles laid down in the EMP.

c. The Appellate/Anomaly Committee constituted under clause 6.3(a)/12.13 of EMP

shall have sole discretion to offer re-allotment of plot/shed at the current rate of

allotment in all the estates, considering merits of each case. In such cases, the

amount paid by the allottee towards price of the plot including interest and penal

interest deposited by the allottee on instalment(s), if any, shall be adjusted against

the revised price of the plot at current rate, after deducting maintenance,

water/sewer charges etc.; and the allottee shall be allowed fresh three years’

period for completion of project in such cases. However, no interest shall be paid

by the Corporation on the payments deposited by the allottee, while carrying out

the adjustment of payments received in the past.

6.4 Procedure in cases pursuant to the completion of the project:

Once the allottee has completed his project as per the criteria laid down in para 5.7/5.8,

the Corporation shall always be supportive of his peaceful enjoyment of the property

subject to continued adherence to the terms and conditions of allotment and subject to the

condition that he does not indulge in any activity listed under para 6.2(a) of the EMP.


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Chapter 7

Leasing / Renting of Premises constructed on Industrial Plots/Sheds

7.1 Leasing of the premises constructed on industrial plots/sheds will be allowed for

permissible activities in order to ensure optimum utilisation of the built-up industrial space

subject to the condition that the allottee has obtained the occupation certificate from an

empanelled Architect and submitted a copy of the same to the concerned DTP/STP of

HSIIDC (except in case of prestigious category projects, where leasing shall be permissible

after part completion/project completion). The allottee once allowed to lease out his

premises under the previous policies can continue to lease out the premises. Leasing of

Industrial Plots as such (i.e. where a building has not been constructed thereon) will not be

permitted. The following service sector activities shall also be eligible for leasing of

premises on industrial plots:

1 Repair, Maintenance and parking of machineries/equipment used for industrial activities

2 Industrial/Technical Test lab

3 Industrial photography

4 Bulk courier services

5 Weigh bridge

6 Blue printing/drawing/computer designing facilities/drafting facility/CAD-CAM

7 Research & Development in any field

8 Tool room for facilitation of industry

9 Media houses, printing, publishing services

10 Industrial kitchens/catering services

11 Engineering & Design services

12 Repair & maintenance, servicing of vehicles without any provision of showroom/ display of new vehicles

13 ATM

14 Documentation/typing centres/STD/ISD/Tele printer/Fax/Internet facilities for industries

15 Renting/leasing of industrial/construction equipment

7.2 With a view to giving impetus to the technical training/ skill development for meeting

requirement of skilled manpower for the industry in Haryana, leasing of industrial

premises to technical training /skill development centres providing hands on training on

industrial machines, leading to capacity build-up for the industrial sector shall be

permissible, subject to prior written permission of the Corporation.

7.3 In order to be eligible for leasing, the allottee/applicant should have obtained the

occupation certificate in respect of the premises from an empanelled Architect and

submitted a copy of the same to the concerned DTP/STP of HSIIDC (Part Completion

Certificate/Project Completion Certificate in case of prestigious category projects). The


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plots/sheds on which project has been implemented by any of the allottee(s)/ lessee(s),

shall also be eligible for leasing. Further, lease instruments exceeding 11 months’ period

should be registered as per legal requirements.

7.4 Leasing Fee and Processing Charges:

i. The leasing fee will be @ 50% of the normal transfer fee applicable for the plot area,

and shall be chargeable only once in respect of the plot/ premises irrespective of the

period of lease and the number of leases. In case of shed, the leasing fee shall be

payable on the area of the plot under shed. However, in case of flatted factory,

leasing fee shall be payable on the plinth area basis. The leasing fee shall be payable

on the basis of FAR availed in the following manner:-

FAR availed Leasing fee payable

Up to 125% Leasing fee rate x plot area

Above 125% & up to 150% Leasing fee rate x Plot area x 150 125



Above 200 & up to 250% Leasing fee rate x Plot area x 250 125

ii. In case of bigger size plots of two acres and above, where the allottee had not

availed complete FAR (125%) and leases out a part of the building, the formula for

charging one time leasing fee for such allottees of industrial plots shall be as under:

a. Plot area : _____ sq. Meters

b. %age built-up area : Built up area/plot area x 100

c. Leased out plot area : 100 / %age of built up area x leased out built up area d. Leasing fee to be paid : Leased out plot area x rate of applicable leasing fee

iii. No leasing fee shall be charged in cases where premises is leased out to a

concern/firm owned by the original allottee/his family members with minimum 51%

share, subsidiary or holding company of the allottee company or a firm/ company

owned by original promoters of allottee firm/company. Further, no leasing fee shall

be payable in case the premises is leased out, after running the industrial unit on

the plot/premises by the original allottee/subsequent allottees, combined

together, for a period of five years or more. Wherever, the leasing fee (excluding

interest and penalty) equal to 50% of the current transfer fee or more has already

been paid in the past in respect of that plot/shed by the present allottee/ earlier

allottee(s), under previous EMPs, no fresh leasing fee would be payable now. In

other cases, the allottee will be required to pay the difference between the

amount due under this policy and the amount already paid.


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No leasing fee shall be charged in cases where conveyance deed has been

executed in favour of the allottee. Wherever leasing fee is not payable for first

leasing, the allottee shall be required to pay the applicable processing fee.

However, for subsequent leasing/change of lessee/ extension of lease period, no

leasing/processing fee shall be payable where conveyance deed has been

executed or fee equivalent to one time leasing fee as per clause 7.4.i/7.4.ii,

wherever applicable, has been received by the Corporation in the past.

iv. The Leasing Fee, wherever applicable, would become due from the effective

date of lease. Payment of Leasing fee/processing fee shall have to be made

along with request for first leasing permission. Interest @ 11 % p.a. shall be

payable on the due amount from the due date till the date of payment.

7.5 Number of permissible leases:

There shall be no limit/ restriction on the number of leases permissible in any premises

subject to the condition that the premises is leased out only for the permissible activity

and meets the normal safety conditions.

7.6 Procedure:

i) First Leasing:

The allottee, after fulfilling the eligibility criteria as defined in clause 7.3 above,

shall be at liberty to lease out the premises for permissible activities conforming to

that area and shall file an intimation thereof with the concerned Estate Manager

within 30 days of such leasing, along with payment of prescribed leasing

fee/processing fee.

ii) Second/Subsequent Leasing:

For second/subsequent lease or change in lessee, no permission is required from

the Corporation. The allottee shall submit the requisite information pertaining to

second/subsequent lease or changed lessee, preferably within 15 days of such

change.

iii) In case the first lease was allowed without charging any leasing fee, in favour of a

concern/firm owned by the original allottee/his family members with minimum 51%

share, subsidiary or holding company of the allottee company or a firm/ company

owned by original promoters of allottee firm/company as per clause 7.4(iii), for

subsequent lease in favour of a third party, the allottee shall be liable to pay one

time leasing fee as defined under clause 7.4(i)/7.4(ii).


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iv) The allottee shall file an annual certificate/return, by 30th April each year in the

prescribed format as under:

Sr. No.

Particulars Remarks

1 No. of units operating at site

2 Name of the units

3 Products being manufactured

4 Turnover of the previous FY (Rs. in Cr. For each unit)

5 Export turnover of the previous FY (Rs. in Cr. For each unit)

6 Employment in each unit – Haryana domicile Outsiders

7.7 Consequences of un-authorised leasing

i) A premises is deemed to have been leased out unauthorisedly if the allottee:

a) Leases out his premises or part thereof without complying with the

eligibility criteria as defined in the EMP.

b) Leases out the premises for an activity which is not permissible.

ii) In case of any instance of unauthorised use/leasing of premises, the allottee will be

given a period of three months, with a provision for one more extension of three

months (a maximum of six months) to discontinue the lease/ rectify the breach. In

case the allottee fails to comply with the directions so issued, the Corporation will

take recourse to resumption of the plot. Additionally, the allottee will be liable to

pay leasing fee at three times the normal fee as penalty for compounding the

violation during such period. In case of commercial use of the premises, the penalty

shall be six times the normal leasing fee rate.

iii) Further, overall compliance of the terms and conditions of allotment of the plot

will be the responsibility of the Allottee qua the HSIIDC and the Corporation will

not enter into any correspondence with the lessee on this account.

Note: The amendments in this Chapter shall be applicable from the date of approval by

the Board in respect of relevant provisions, unless otherwise specified.


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Chapter 8

Transfer of Plots/ Sheds

8.1 Notwithstanding that the plots/sheds are allotted by the HSIIDC on free-hold basis, the

allotment/ management of the industrial estates are being regulated by the Corporation

with the sole objective of industrialisation in the State of Haryana. To meet this end, the

allotment of industrial plots/sheds is made to the prospective entrepreneurs for setting up

their industrial ventures, after following due procedure, involving inviting applications,

evaluation on the basis of pre-determined criteria, personal interviews in case of

prestigious category projects and thereafter selection of the applicant. As such, the

allottee is required to utilise the plot/shed by implementing the industrial project within a

stipulated period. To that extent, the expression ‘Free-hold’ is restrained by the attendant

conditions.

8.2 What constitutes a Transfer?

A plot/shed allotted by the HSIIDC amounts to transfer in the following circumstances:

i) In case of individual allottees, there is a change of ownership, by whatever means,

i.e. through a sale deed, an agreement with the intent of transfer on a future date,

or by way of Power of Attorney (except in favour of family members);

ii) In the case of Partnership Firms and Limited Liability Partnerships (LLPs), there is a

change in the partners whereby the majority stake (51% or above) gets transferred

in favour of third party through exit of any of the partner(s) at the time of

allotment and /or induction of new partner(s) and the share of the original

remaining partner(s) is diluted below 51%;

iii) In the case of Public/Private Limited Companies, there is a change in the

promoters/directors whereby the majority stake (51% or above) gets transferred in

favour of third party through exit of the shareholders at the time of allotment and

/or induction of new shareholders and the share of the original remaining

shareholders is diluted below 51%;

iv) In the case of a Listed Company, where the shareholders having largest

shareholding as well as management control have changed their hands;

v) In the case of a Government Company, the change in ownership through dis-

investment of shareholding of 51% or more or by way of divestment;

vi) In case of Merger/ Amalgamation/ Take-over of the allottee company, consequent

upon the orders of the Competent Court/Central Govt., where the majority stake

of the equity shareholders/ management control gets transferred in favour of third

party.


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8.3 Effective date of transfer:

The effective date of transfer shall be the date of registration of sale deed with the

concerned Sub-Registrar. In case the transfer is being effected by way of transfer of 51% or

more of the share/paid up capital, the effective date of transfer shall be the date of

transfer of share/shareholding as per the record of the allottee firm/company.

8.4 Due diligence and warning to purchasers:

Although, the industrial plots/sheds allotted by HSIIDC are freely transferable after

completion of the project by the allottee in terms of clause 5.7/5.8, however, third party

who purchases or acquires interest in any manner, in a plot/shed before completion of the

project, without prior written permission of the Corporation, bears the risk of its

resumption notwithstanding that he may plead ignorance about the rules and the facts

about the property at the time he entered into the sale-purchase agreement. Hence, it is

the duty of any purchaser to carry out due diligence, verify the transferability of the

plot/shed and the amount outstanding and payable to the HSIIDC at the time of entering

into any agreement. The information in this respect can be gathered from the Estate

Offices of the HSIIDC. It is clarified that first/each of the subsequent transfer of plot/shed

shall require prior written permission of the Corporation.

8.5. Eligibility Criteria for the First Transfer:

i) The original allottee shall be eligible to transfer the plot/shed subject to the

following:

a. Has deposited full price of the plot/shed, including enhanced cost, if any

and got the conveyance deed of the plot/shed executed in his/her/its

favour;

b. Has obtained occupation certificate, completed the project in terms of

clause 5.7/5.8, provided that the cases where project has already been

accepted as implemented/completed as per provisions of the policies

applicable from time to time, shall not be re-opened;

c. There should not be any default towards payment of other dues of the

Corporation like; enhanced cost, maintenance charges, water/sewer

charges, EDC, any fee, etc.

d. In cases, where premises is leased out after obtaining occupation

certificate but without implementation of the project by the allottee, the

plot/shed shall be eligible for transfer after implementation of the project

by the lessee.


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ii) The transfer of plot/shed will be allowed without any pre-condition in case of

inheritance, will or within the family members of the allottee (except in case of

allotment in favour of NRI / person with disability), succession due to death of the

allottee/majority shareholders or takeover by Banks/ Financial institutions. The

transferee allottee under this category shall be required to implement the

approved project and will be treated as original allottee.

8.6 Subsequent transfers:

In case of subsequent transfer of industrial plot/shed, where the first/earlier transfer was

effected after completion of the approved project, there will be no pre-conditions, except

that there shall not be any default towards payment of any dues of the Corporation like;

enhanced cost, maintenance charges, water/sewer charges, EDC, any fee, etc. However,

the transferee shall be required to pay applicable processing fee (provided transfer fee in

respect of first/earlier transfer was already paid) and enter into an agreement with the

HSIIDC to adhere to the rules & regulations of the Corporation qua allotment of the plot, as

the transferee allottee would be stepping into the shoes of original allottee. Every

subsequent transfer would entail payment of processing charges and execution of a

Registered Sale Deed/other documents as per provisions of the Transfer of Property

Act/other laws.

8.7 Transfer fees:

i) Wherever transfer is permissible, save exempted categories as mentioned under

para 8.8 below, the transfer fee shall be payable as under:

Sr. No. Category of Estates Plots (Rs. Per Sq. Mtr)

1 Category ‘A’ 300/-

2 Category ‘B’ 150/-

3 Category ‘C’ 50/-

In case of shed, the transfer fee shall be payable on the area of the plot under

shed. However, in case of flatted factory, transfer fee shall be payable on the

plinth area basis. The Service Tax as applicable, shall be extra.

ii) Transfer of General category plots without completion of the approved project:

In case of general category plots, the allottee may transfer the industrial plot

without completion of the approved project (including vacant/partly constructed

plot) after he/she/it has deposited full price of the plot, including enhanced cost,

if any and got the conveyance deed of the plot/shed executed in his/her/its favour,

subject to payment of transfer fee as under:


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Sr. No.

Particulars Allotments made prior to EMP-2015

Allotments made under EMP-2015

1 After obtaining occupation certificate but without implementation of the project as defined in EMP

Double the normal fee

Normal transfer fee

2 First transfer of vacant/unutilized plots (including cases where occupation certificate has not been obtained)

10% of current allotment price


3 Subsequent transfer of plot/shed after completion of the project by the transferee

Processing fee Processing fee

4 Subsequent transfer of vacant/unutilized plots(including cases where occupation certificate has not been obtained) by the transferee



iii) Transfer of Prestigious Category plots:

In case of prestigious category projects, transfer shall be permissible on payment

of normal transfer fee, only after completion of the project by the allottee, as

defined in clause 5.8(i)(a) of EMP-2015.

iv) Transfer fee, wherever applicable, would be payable along with interest @ 11 %

p.a. from the effective date of transfer. However, in cases where transfer fee is

linked to current allotment price, interest @ 11 % p.a. shall be applicable from the

date of submission of transfer request. The allottee shall be required to obtain

prior permission of the Corporation before effecting any transfer, failing which

penalty equivalent to the normal transfer fee shall be payable. Further, in case the

provisional transfer is allowed by the Corporation and the parties have paid the

transfer fee, but subsequently the sale transaction gets cancelled between the

parties, in such cases the Corporation shall refund the transfer fee received, after

retaining the service tax & deduction of applicable processing fee.

v) In case of non-compliance of conditions of Provisional Transfer Letter (PTL) within a

period of 120 days, penalty equivalent to 25% of normal transfer fee as per EMP-

2015 shall be charged for regularising the delay beyond 120 days, in compliance of

PTL conditions.

vi) In case the transfer of plot/shed was effected through registered sale deed, there

shall be no requirement of personal appearance of the transferor before the Estate

Manager, HSIIDC to confirm the sale transaction. In case the transfer is effected

through transfer of majority equity shares in a company, such transfer should be

filed/registered in the MCA records and the allottee shall be required to submit a

copy of the MCA records along with resolution of the Board of Directors/ general


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body for change of management/transfer of majority shareholding, duly certified

by the Statutory/ Secretarial Auditors of the Company and in such cases also there

shall be no requirement of personal appearance of outgoing directors/shareholders.

Further, in case of transfer through changes in partners in a registered partnership

firm or changes in the shareholders in a company, there shall be no requirement of

execution of sale deed in such cases.

8.8 Categories exempted from payment of Transfer Fee:

No transfer fee will be payable in the following cases:

i) Transfer of plot after the allottee has run his industrial unit for a period of more

than five years; it is clarified that once the allottee or the re-allottee has run the

unit for a period of five years or more, no transfer fee shall be applicable in case of

subsequent transfers.

ii) Transfer by way of inheritance, will or within the family members of the allottee;

iii) Succession due to death of owner/allottee/ majority shareholders;

iv) Takeover by bank/financial institutions, provided that the transferee shall be liable

to pay applicable extension fee, if such takeover by the bank/FI is prior to

implementation/completion of the project on the plot/shed, from the date of

expiry of stipulated/extended project completion period as available to the

allottee, till the date transfer is allowed by the Corporation. After transfer of

plot/shed, the transferee shall be allowed a period of two years to complete the

project.

v) Second or all subsequent transfers, provided the first/earlier transfer was made

after completion of the project on payment of normal transfer fee, and otherwise

eligible for transfer as per clause 8.6. In case, the first/earlier transfer(s) was

allowed without transfer fee, the second/subsequent transfer in favour of third

party shall attract transfer fee applicable for first transfer, except the cases

covered under clause 8.8.i.

vi) Transfer of plot in favour of another company promoted by the same promoters /

shareholders.

vii) All general category allotments made under EMP-2015, provided the project has

been completed in terms of clause 5.7/5.8 and conveyance deed of the plot/shed

has been executed.

viii) Transfer effected as a result of amalgamation of two companies with the approval

of the High Court/Company Law Board.

In the cases covered under above categories, only the applicable processing fee will be

payable along with the transfer request. However, dues of the Corporation, if any, shall be


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required to be cleared by the allottee/proposed transferee before any such transfer.

8.9 Consequences of unauthorized transfers:

A transfer is unauthorised where the transfer of plot/shed is not permissible as per

provisions of the EMP-2015. Any transfer, which is otherwise permissible, but effected

without prior written permission of the Corporation shall also constitute as unauthorised

transfer. The allottee/successor-in-interest, as the case may be, will have to bear the

consequences of such unauthorised transfer, including payment of penalties as defined in

EMP.

8.10 Procedure:

i) An application for transfer of plot/shed containing relevant information along with

payment of applicable transfer fee/processing fee shall be required to be made to

HSIIDC as per the prescribed procedure, by the authorised person, as detailed

below:

The allottee himself in the case of an individual/ sole proprietorship or the lawful

successor in case of inheritance/ will/ death of the original allottee;

One of the partners with authorisation from other partners in the case of a

partnership firm;

One of the Directors, along with certified copy of the resolution passed by the BoD

of the company, in the case of a Private Limited Company;

The Company Secretary/Manager, duly authorised through a resolution of the Board

of the Company, in the case of a Public Limited Company.

ii) The Estate Manager shall verify the completeness of the application, the purpose

for which the proposed transferee would be utilizing the premises and other

prescribed parameters within a period of 07 working days. In case the

application/request is found to be in order, the Estate Manager shall issue a

Provisional Transfer Letter (PTL) containing the terms and conditions for such

permission within 30 days. In case the application is found incomplete or deficient

in any respect, the applicant will be informed of the same along with the

deficiencies within a period of 15 working days;

iii) The terms and conditions of Provisional Transfer Letter (PTL) will be complied with

by the transferor /transferee within a period of 120 days from the date of issue of

the PTL;

iv) Pursuant to the completion of formalities contained in PTL, the Estate Manager

would, execute agreement with the transferee, issue the letter of re-allotment in

favour of the transferee, whereupon the proposed transferee shall become an

allottee/ re-allottee of the Corporation.


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v. In all such cases where provisional transfer of plot/shed has been allowed by the

Corporation but issuance of final transfer letters are pending due to violations of

the building bye-laws, an inspection shall be carried out in the presence of

transferor (if possible) and the transferee and all violations shall be recorded in

writing duly signed by the transferee along with the photographs thereof. The

compoundable violation shall be got regularized by the transferee on payment of

applicable compounding fee and for non-compoundable violations the transferee

shall submit an undertaking to the effect that the zoning violations/excess

coverage/other violations shall be rectified/ removed by him and that he shall be

solely liable for consequences thereof or any loss of life & property due to such

violations. Upon receipt of aforesaid undertaking, the Final Transfer Letter in

favour of the transferee shall be issued by the Estate Manager.

Note: The amendments in this Chapter shall be applicable from the date of approval by the Board in respect of relevant provisions, unless otherwise specified.


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Chapter 9

Change in Constitution/ Shareholding

9.1 Change in constitution from individual/Joint holders to a Partnership Firm/company or from

Partnership Firm to a Company shall be permissible at any stage provided the entire

shareholding/ ownership of the firm/company/project is with the original allottee and/or

his/her family members (spouse, son, daughter, parents, brothers, sisters, grandson, grand-

daughter and their spouses). Applicable processing fee shall be payable in such cases. Prior

written permission of Corporation shall be mandatory. In case of allotment in favour of NRI/

person with disability, the allottee must retain at least 51% stake till project completion.

9.2 In case the change in constitution involves induction of a third party (other than family

members as defined in clause 9.1) into the firm/company/project, the same can be

allowed on payment of fee equivalent to 50% of a normal transfer fee, as defined in para

8.7(i) of EMP, for dilution of equity up to 26% and 100% of transfer fee for dilution of equity

above 26% and up to 49%, subject to the condition that the original allottee/his family

members retain at least 51% share in the firm/company/ project. Applicable service tax

and interest on fee @ 11% p.a. shall be payable from the date of dilution of equity till the

date of payment. In case the share of the original allottee/partners/shareholders and their

family members in the firm/company/project falls below 51%, it shall amount to transfer

and the provisions of chapter 8 of EMP-2015 related to transfer of plot shall be applicable.

Change in Constitution/dilution of equity involving induction of third parties to the extent

of up to 49%, after completion of the project in terms of clause 5.7/5.8 shall be permissible

on payment of applicable processing fee.

For any subsequent dilution in equity within earlier allowed 49% dilution, no fee shall be

payable, but the allottee shall bring the same on record of the Corporation along with

payment of applicable processing fee.

9.3 In cases where a Private Limited Company becomes a Public Limited Company listed with

recognized stock exchange, the change in constitution may be allowed on payment of the

applicable processing fee subject to the condition that the allottee or his associates (family

members), retain the largest shareholding with management control, otherwise it will be

treated as a case of transfer.

9.4 In case the allottee is a company and intends to implement the proposed project through

its subsidiary company, such a request can be considered by the Managing Director subject

to the condition that the entire paid up capital of the subsidiary company is held by the

allottee company and its shareholders/promoter Directors. Similarly, implementation of

project through holding company of the allottee company as well as through a

concern/company promoted/owned by the original allottee / partners of allottee firm


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/promoter/directors of allottee company and their family members shall also be covered

under this clause. Applicable processing fee shall be payable in such cases.

9.5 In case of change in constitution where the conveyance deed is already executed in favour

of the original allottee, the title of the plot shall be got transferred in the name of new

entity by way of registered deed.


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Chapter 10

Change of Project

10.1 The allottee may change the project at any stage for permissible activities conforming to

that area/plot only, provided the ratio of fixed capital investment (land, building and Plant

& machinery including misc. fixed assets) is maintained at 60:20:20). Though no prior

approval shall be required from HSIIDC for any such change of project, however, the

allottee shall be required to intimate the same to the concerned Estate Manager of HSIIDC

within 60 days of such change. Further, while undertaking any such change of project,

factors such as nature of pollution, high water consumption/ effluent, availability of

requisite infrastructure facilities in the concerned industrial estate to meet the proposed

project parameters etc. shall be considered by the allottee and any approvals in this

regard, if required, from State/Central Government, Pollution Control Board, Other

Regulatory Bodies / authorities and compliance of their norms, shall be the responsibility of

the allottee. The period for implementation of the changed project shall remain the same

as per terms of allotment. No fee shall be payable for any such change of project. In case

of prestigious category projects, where there is reduction in fixed capital investment,

change of project shall require permission of the Corporation.

10.2 In the case of allotment of plots/sheds in product specific Industrial Estates/Parks e.g.

Food Park, Technology Park, Footwear Park, Agriculture Implements park, Textile park

etc., the change of project can be undertaken only for specified activities in that particular

Estate/ Park.

10.3 Due diligence and warning to the allottees:

Although, there are no restrictions on change of project by the allottees and no prior

permission is required from the HSIIDC for the same, however, if the premises is found to

be utilized for any non-permissible activity, the allottee bears the risk of its resumption

notwithstanding that he may plead ignorance about the rules. Hence, it is the duty of the

allottee to carry out due diligence before undertaking any change of project.

Note: The amendments in this Chapter are applicable w.e.f. 16.06.2016.


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Chapter 11

Bifurcation / Fragmentation of Plot

11.1 Bifurcation of industrial plots of only two acre size and above will be permitted provided

the project has been completed after obtaining occupation certificate as per clause

5.7/5.8 of EMP. Plots measuring two to five acres can be bifurcated in not more than

two plots subject to the condition that none of the sub-divided plots is less than one

acre, subject to planning parameters. In case the plot size is more than five acres, none

of the bifurcated portion should be less than two acres. The bifurcation will be permitted

only for permissible activities. Applicable processing fee shall be payable for such

permission. In case the allottee transfers the bifurcated plot to some other person, then

provisions of transfer as contained in chaper-8 shall be applicable.

11.2 Normally bifurcation of plots at the initial stage before completion of project shall not be

allowed. However, the committee constituted under clause 12.13 of EMP-2015 may

consider the bifurcation of the plot and utilization of the bifurcated portion by the

subsidiary/ group company with majority equity shares owned by the allottee company, its

shareholders/ promoter directors with family members, subject to payment of bifurcation

fee equivalent to transfer fee. The other conditions of the bifurcation/ fragmentation as

well as terms of allotment shall be applicable in such cases.

11.3 Bifurcation of clubbed plots/sheds shall be permissible provided they have been shown as a

separate units/plots in the approved layout plan and meet the zoning parameters.


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Chapter 12

Residual Matters

12.1 In case the project is not implemented/ completed within the stipulated period on account

of death of the original allottee, the Estate Manager shall be competent to extend the

period and allow implementation of the project within two years of transfer of plot in

favour of legal heir(s) of the allottee without extension fee.

12.2 The benefit of reduction in rate of interest from 12% p.a. to 11% p.a. and delayed interest

from 15% p.a. to 13% p.a. wherever applicable shall be available to the existing allottees

on the existing liabilities w.e.f. 01.07.2016.

12.3 As per clause 3.6 (ii), in case of allotment of plot/shed, the allottee is required to convey

acceptance of terms and conditions of allotment and remit balance payment towards 25%

price of the plot within a period of thirty days of issuance of Regular Letter of Allotment

(extendable by another thirty days on payment of interest @ 13 % p.a. for the delayed

period). On expiry of sixty days, the allotment of plot/shed stands lapsed. In cases of

extreme hardship, MD/HSIIDC shall be competent to revive the allotment and accept the

balance payment towards 25% price of the plot within 120 days of issuance of Regular

Letter of Allotment, on payment of interest @ 13 % p.a. for the delayed period, except in

respect of commercial plots/sites. Administrative Secretary of the Industries Department,

Govt. of Haryana may further consider condonation of delay beyond 120 days on payment

of interest @ 13 % p.a. for the delayed period, depending up on merits of the case, except

in respect of commercial plots/sites.

12.4 While handing over physical possession of plot, in case, the actual area of the plot on

ground is found to be higher than the tentative allotted area, as mentioned in Regular

Letter of Allotment (RLA), the excess area up to 10% of the original size shall be handed

over to the allottee by charging original allotment rate as mentioned in RLA, along with

interest @ 11 % p.a., from the date of handing over possession. In case the excess area is

more than 10% of the original size, such excess area may be handed over to the allottee on

payment of price of excess area at the current allotment rate, applicable on the date of

handing over physical possession of the plot. In case the actual area of the plot at the time

of handing over physical possession is found to be less than the allotted area, the cost of

the plot shall be recalculated & the schedule for payment of balance cost of the plot, after

adjusting the 25% allotment money received from the allottee as per RLA, shall be revised

from the beginning & interest shall be calculated accordingly.

12.5 It has been decided to treat ‘ware-housing’, ‘skill development centres’ and ‘B-2-B’

stocking and trading facilities in the earmarked zones in respective industrial estates,

wherever deemed appropriate/feasible, as eligible categories for allotment of plots/sites in

Industrial Estates, for which separate guidelines shall be formulated in due course. Further,


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in line with the decision of the State Government under Enterprises Promotion Policy 2015,

provision shall be made for cluster based warehousing / wholesale markets in industrial

estates/IMTs developed by HSIIDC to help decongest Delhi. Separate guidelines shall be

issued by HSIIDC in this regard in due course of time.

12.6 It has also been decided to allow industrial warehousing in the existing industrial estates.

The guidelines/ criteria for the same shall be as under:-

i) The Industrial Warehousing Activities shall be allowed on the already allotted

industrial plots/sheds. The allottee must have implemented its own project and

obtained project completion certificate.

ii) The industrial plot should be located in the general industrial estates and not in a

product/ service specific estates like Textile Park, Footwear Park, Food Park, I.T./

Technology park etc. Further, the plots allotted under ongoing scheme for

prestigious projects with commitment to have minimum fixed capital investment of

Rs.50/40/30 crore (earlier Rs.30/20/10 crore) shall be eligible for such Industrial

warehousing activities only after completion of the project by the allottee with

stipulated investment as per terms of allotment.

iii) The permissible FAR shall be up to 125%. In case the building has been constructed

with FAR of more than 125%, then such facilities shall not be permissible.

iv) In the existing industrial estates, not more than 5% of the total plotable area of

that Estate or 20% of the area of plots measuring up to 5 acres, whichever is less, in

each phase, shall be allowed to carry on such activities.

v) The request of the existing allottees for change of their project to Industrial

Warehousing shall be considered by the Managing Director on merits of each case.

The applications received by the Corporation shall be considered by the competent

authority on six monthly basis on 30th September & 31st March of each year or any

other date as may be decided by the Managing Director. In case the number of

applications who intend to change their project to warehousing activity are more

than the maximum 5% of the total plotable area, the selection shall be made

through draw of lots out of the eligible applicants.

vi) The existing allottees shall be required to remit fee/ payment equal to 10% of the

current allotment price as fee/charges for such conversion.

vii) The allottees shall be required to submit an undertaking that the vehicle/ trucks

transporting the material shall be parked within the parking area to be provided by

the allottees within its own premises and maximum of two vehicles at a time shall

be allowed to be parked for loading/ unloading in front of the premises of the unit.


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Idle parking of truck / vehicle shall not be allowed on the road and/or in the front

of the industrial plot/unit. In case of violation on this account, penalty as decided

by HSIIDC on year to year basis, shall be payable, besides taking corrective action.

viii) The allottee shall implement the Industrial warehousing project either of its own or

through some professional agency for operation & maintenance, with prior written

permission of the Corporation and subject to payment of one-time fee, which shall

be equivalent to applicable transfer fee. No sub-lease shall be allowed in such

cases. Further, only one warehouse operator/ agency shall be allowed in one

plot/premises. Storage of inflammable/ hazardous/ petroleum products etc. shall

not be permissible.

ix) After allowing Warehousing Activities on an industrial plot, the allottee shall be at

liberty to utilize the plot for industrial activities, including manufacturing, even

after conversion to warehousing, under written intimation to the Corporation, in

which case, no refund of conversion fee shall be admissible.

The other terms and conditions of allotment shall remain unchanged.

12.7 Permissible use for ancillary facilities

The Industrial plots are allotted for the permissible activity only and not for any

commercial, residential, or institutional use. However, it has been decided to permit the

industrial plots to utilise up to a maximum of 4% of the permissible covered area for

subsidiary facilities e.g. cafeteria, canteen, gym, etc. for the captive use of the employees

working in such industrial unit without any additional charge. However, it may be clarified

here that this entitlement would be corresponding to the actual covered area constructed

at any point of time. Provision of such facilities for general public on commercial basis

would not be permissible under any circumstances and shall be considered as an

unauthorised use of the premises entailing the consequential action.

12.8 O&M Charges:

The holding cost of land and development expenditure is capitalised at the time of initial

fixation of price for a limited period. The organisation incurs expenditure on the Operation

& Maintenance (O&M) of services, which are payable by the allottees. The O&M charges

would accrue on completion of five years’ period counted from the date of first offer of

possession in that sector or part thereof and payable by the allottee on annual basis.

In order to rationalize the operations & maintenance facilities in the Industrial Estates/

Industrial Parks/ Industrial Model Townships, developed by the Corporation, it has been

decided to evolve a scheme to associate consultative bodies having representative of

industries and HSIIDC for proper up-keeping of the industrial infrastructure facilities and

other related services.


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It has been decided to form an O & M committee at the field level to look after all aspects

of Operations and Maintenance of the industrial estate and also to recover the

proportionate charges from the allottees, on per sq. meter basis. The maintenance charges

shall be payable by the allottee within 30 days of raising the demand, failing which interest

@ 11% p.a. shall be payable from the date of raising demand till the date of payment. The

constitution of the committee as well as scope of work shall be as under:-

A. Formation of O & M Committee:

The O&M Committee shall comprise of representative of HSIIDC, respective

Associations of the allottees of Industrial Plots/ sheds and other reputed nominees of the

Industrial Estate to be nominated by the Managing Director from time to time. The number

of representatives shall be as under:-

Sr. No.

Representative from Remarks

1. HSIIDC i) Estate Manager ii) Incharge IA Division iii) STP/DTP iv) Concerned Incharge of Accounts of the concerned Estate

The meeting shall be chaired by the Senior Most Officer representing HSIIDC. At least two members must be present in each meeting. Estate Manager shall be convener of the meeting.

2. Representatives of the Association of industrial units located in industrial estate.

a) The Association of the allottees should have membership of not less than 20% of the allottees, who are owners of the factory unit located in that Industrial Estate.

b) In case there are more number of Associations in an Estate, each having a membership in excess of 20% of the total allottees as mentioned at ‘a’ above, Only Two Associations representing the highest number of allottees shall be eligible to nominate their office bearer as member of O&M Committee, who shall attend the meeting in person.

c) Each eligible Association shall be represented by

two members representing/ owner of different category of plot/size. For category of plots, the size of plots shall be categorized as under:-

- > 5 acre - > 1 acre and up to 5 acre - 1000 sq. meter to 1 acre - < 1000 sq. meter.

d) The representative must be duly authorized by Association to participate in the meeting and the representative so nominated by the Association shall hold office for at least one year.


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e) The representative of the Association should have been running his own unit in that particular Industrial Estate and should not be in violation in respect of any of the plots in which he has beneficial interest.

3. Members to be nominated by MD, HSIIDC.

MD, HSIIDC shall be authorized to nominate two reputed members/ having industrial units in that industrial estate, in addition to above members.

4. Nomination as member out of allottees not represented by any Association.

In Industrial Estate which have considerable number of institutional/ commercial/ technology parks/ residential plots/ group housing as well as allottees not represented by the Associations, Managing Director may nominate one/ two members from such category. Managing Director, HSIIDC shall have overriding right with respect to nomination/removal of any member of the O&M committee.

B. Meeting of the Association:

i. At least one meeting must be held once in every quarter preferably on a fixed date/ day. The Agenda for the meeting shall be sent to all members at least 7 days in advance, preferably through e-mail.

ii. In every meeting, the maintenance expenditure incurred in previous three months shall be reviewed and tentative maintenance works for the next three months shall be budgeted/ discussed. In the last meeting of the calendar year to be held in the quarter ending December each year, the proposed budget O&M activities for the next F.Y. as well as proposal for engagement of contractors / outsourcing agencies as well other related issues shall be discussed/ finalized.

iii. The Committee shall endeavor to take decisions unanimously in respect of

O&M matters. In case of any differences, the decision of HSIIDC shall be final and binding and shall be implemented accordingly. The committee shall also be authorized to take decision with reference to the quantum/ scale of penalties to be imposed on the defaulting allottees and also prepare code of ethics to be followed by the allottees/ members for successfully running of O&M activities.

iv. The issues concerning general violations/ defaults by the allottees pertaining to O&M of that estate and resolution thereof shall also be discussed in the meeting. Individual issues of the allottees shall not be part of the agenda/ discussions of the meeting.

v. The meeting of the committee shall be held in the office of HSIIDC at the field office.

vi. Minutes of the meeting shall be recorded and signed by the Estate Manager

and Chairman of the committee, within a week of the meeting, which shall also be placed in the next meeting of the O & M committee for information of all members. A copy of the proceedings shall be forwarded to Head Office.

vii. In case any member does not attend any meeting, he/ she shall not

question the proceedings of the said meeting, subsequently.


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C. Formation of SPV / Registered Society:

The Corporation may in consultation with the Industrial Associations of the

allottees in the concerned estate consider formation of SPV / registered society

comprising of the members of the allottees & HSIIDC to look after the O&M

operations of the Estate. In that eventuality, the responsibility of operation &

management of maintenance activities including security & surveillance and

recovery of maintenance charges from the allottees, shall be with the SPV/Society.

D. A separate bank account shall be maintained for each Industrial Estate/IMT and all

operation & maintenance expenses shall be incurred from the said account and

recovery of maintenance charges from the allottees on proportionate basis shall

also be deposited in the said account only.

12.9 Infrastructure augmentation charges

The FAR admissible for the general industry as on date is 150%. In addition, for certain

categories of industries like IT/ITES, garments, footwear etc., as notified by the Town &

Country Planning Department vide its Notification dated 20.01.2009, special provisions

have been made for enhanced FAR. The admissibility of enhanced FAR in all these

categories is allowed on payment of infrastructure augmentation charges. Higher FAR for

general industry shall be made applicable, as per the norms of the Department of Town &

Country Planning, Haryana and the rules framed there under, as and when notified.

12.10 Mortgage of plots/sheds with Banks/Financial Institutions:

The allottee shall have the right to mortgage the plot in favour of banks/FIs subject to the

condition that the HSIIDC shall have first charge on the plot for recovery of its dues and the

charge of the bank/FI shall be second/sub-servient. Further, the allottee shall get the deed

of conveyance executed in its favour before creating mortgage of the plot/shed. The

mortgage to be created by the allottee in favour of Bank/FI shall be without prejudice to

the rights of the Corporation in terms of the RLA/deed of conveyance in respect of the

plot/shed in question. In the event of auction of the property by the bank/FI for recovery

of its dues, the Bank/auction purchaser shall be required to clear the dues of the

Corporation in respect of the plot as the purchaser shall be stepping into the shoes of the

allottee. The auction purchaser shall utilize the plot/premises for permissible activities

only and in case the project was not completed by the allottee, the auction purchaser shall

be required to complete his project within two years of re-allotment of plot in its favour,

failing which the provisions relating to grant of extension as provided in chapter 5 of EMP

shall be applicable.

The above provision shall be applicable to existing allottees as well, notwithstanding

anything contrary contained in this regard in the RLA/deed of conveyance executed in their

favour.


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12.11 Treatment of general extension for implementation of the project on industrial plots/sheds announced in the past.

i) HSIIDC has granted general extensions to its allottees in the past, without charging

any extension fee for implementation of the project, as described hereunder:

a) In July 2009, one-year general extension, without fee, was granted to the

existing allottees where the implementation period including extended

period expired after 11.07.2008. It is clarified that henceforth the period

from 11.07.2008 to 10.07.2009 shall be treated as zero period.

b) Considering the non-availability of infrastructure facilities in Sector-34-35,

Gurgaon, the Corporation in December 2011 had allowed one-year general

extension to the allottees who were allotted plots up to 31.03.2009.

Subsequently, in June 2015, the allottees who were allotted plots between

01.04.2009 to 31.12.2011 were also granted one-year general extension

without fee. Henceforth, the period from 01.01.2012 to 31.12.2012 shall be

considered as zero period in these cases.

c) Considering the peculiar nature of problem in construction of building

faced by the allottees due to high sub-soil water level, one-year special

extension was allowed to all the allottees of Sector 16, I.E. Bahadurgarh

and Sector 17 (Footwear Park), Bahadurgarh, without payment of any fee

in the year 2011/2012. It is clarified that henceforth the period from

01.07.2011 to 30.06.2012 shall be treated as zero period.

d) In August, 2013, one-year general extension, without fee, (two years in

case of allottees of Technology Park sites at IMT Manesar, Rai and

Panchkula) was granted to existing allottees who had been allotted plots

till 31.12.2012, treating it as a zero period, over and above the existing

available period / extended period. It is clarified that henceforth the

period from 01.01.2013 to 31.12.2013 shall be treated as zero period.

ii) The existing allottees, who are entitled to the above mentioned general

extensions, shall continue to avail the same and after expiry of the available

implementation period (including general extension / paid extension) further

extension, if permissible, shall be considered as per the provisions of EMP-2015.

12.12 In the event of any encumbrance(s) arising out of any other issues not finding a mention in

EMP-2015, such matters will be decided by the Managing Director of the HSIIDC. MD/HSIIDC


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may refer the matter to the Anomaly Committee as referred in clause 12.13 of EMP, for

decision on any such issues(s).

12.13 Anomaly Committee:

In case any of the matter/ issue is not covered by the above procedures, the Anomaly

Committee headed by Administrative Secretary of the Industries Department, Govt. of

Haryana with Managing Director/HSIIDC, Managing Director, Haryana Financial Corporation

and Director of Industries as its members shall be competent to decide the same on merits,

equity and justice.

Note: The provisions of Chapter-12 of EMP-2015, under the head “Residual Matters” shall be applicable for all types of allotments by the HSIIDC i.e. industrial, residential, group housing, commercial, institutional, technology Park and industrial workers’ housing etc.


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Chapter 13

Allotment of plots to the SPV under Cluster Scheme

The allotment of industrial plots to the special purpose vehicle under the cluster development

scheme shall be made by the Higher Level Plot Allotment Committee under the Chairmanship of

Administrative Secretary of the Industries Department, Govt. of Haryana considering merits of each

case. The terms and conditions of allotment of plots to the Special Purpose Vehicle (SPV) under

the said scheme shall be as under:

A. For allotment on free hold basis:

i) In case the project is not approved by the Government of India within four months

of allotment of plot, the allotment shall stand cancelled.

ii) The allottee shall start construction at site within six months of allotment/ offer of

possession.

iii) The plot shall be used only for the approved project of Common facility Centre for

use of units falling in the particular Cluster category.

iv) The plot shall not be transferred in favour of any third party at any stage.

v) The original cluster members shall maintain their shareholding pattern and

management control of the SPV. The Corporation may, however, consider dilution

of equity maximum up to 49% in favour of the firms/ companies running their units

in that particular industry category, provided prior permission is sought from the

Corporation for the same, and the same should be subject to the provisions of

EMP-2015.

vi) In case of disbandment of the SPV/Cluster project, the plot shall revert back to the

Corporation.

vii) Other terms and conditions as per EMP-2015 shall be applicable.

B. For allotment on lease hold basis:

i) The plot shall continue to be utilized for Common Facility Centre (CFC) and in case

of discontinuance of the said project, the lease deed shall stand terminated.

ii) The annual lease rental shall be equivalent to 3.5% of the current allotment price

with 10% increase after every five years.

iii) The lease period shall be initially twenty years with subsequent extension/renewal

for a period of ten years.


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iv) The annual lease rental shall be payable in advance within seven days of the

commencement of the lease; thereafter, the annual lease rentals shall be payable

by 7th of the month in which the same fall due. In case of default, interest @ 13%

p.a., compounded half yearly shall be applicable.

v) After successful running of CFC project for a period of at least ten years, the SPV

may with the permission of the Corporation convert the allotment of the plot from

lease hold to free hold basis, subject to the payment of allotment price applicable

at the time of allowing such conversion


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Chapter 14

Provisions for Technology Park Projects

14.1. Period allowed for implementation:

i) The developer and the self-user technology company shall have to complete the

project in the following manner:-

Stage of Completion Time-frame

30% of the project area of Technology Component excluding housing, commercial and recreation component

within three years from the date of offer of possession or physical possession, whichever is earlier.


within four years from the date of offer of possession or physical possession, whichever is earlier.


within six years from the date of offer of possession or physical possession, whichever is earlier.

ii) In case the allottee is not able to achieve the aforesaid norms, the site allotted by

the HSIIDC is liable to be resumed. However, Managing Director, HSIIDC may grant

extension in time of one year in case the allottee satisfies that the reasons of delay

in achieving the aforesaid targets were beyond his control. In that case the

following fee shall have to be paid by the allottee:

Sr. No.

Targets- Project Completion stage

Target – Period

Fee payable by the allottee

1 30% 3 years Rs. 75/- per sqm per annum



14.2 Leasing out of built up space during construction stage:

With a view to raising resources for implementation of a Technology Park Project, the

booking of built up space on lease-rental basis (not by sale) by the allottee during the

construction stage, shall be permissible subject to the following:

a) The Allottee shall be eligible to lease out not more than 40% of the proposed built up

space /area, in addition to 30% already reserved for the Anchor unit.

b) The Allottee should have paid the total price of land and conveyance deed executed in

its favour.

c) The lease rental / payment conditions shall be decided by the Allottee and the Lessee

and the Corporation will not be a party to their leasing arrangement.


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d) The lease rental/ other charges received by the Allottee during the construction period

shall be deposited in a separate bank account and the same shall be utilised only for

construction of the building/ project.

e) The allottee (developer) should have obtained all requisite/ statutory permissions from

State/ Central Govt./ Authorities and the building plans should have been approved by

the competent authority.

f) The allottee(developer) shall furnish the details of such booking of leased space to the

Corporation on half - yearly basis.

g) In the lease agreement, the Allottee shall make it clear that the allotment of land by

HSIIDC is subject to terms and conditions as contained in the Regular Letter of

Allotment/ Agreement as well as the conveyance deed, as the case may be. In case of

any default of the said conditions, the plot is liable to be resumed by the Corporation.

In such an eventuality, the lessee shall have no right on the land/ building of the project

and he/ it will hand over vacant possession of the built up space to the Allotting Agency

i.e. HSIIDC.

h) The permission for leasing being granted by the Corporation is only by way of a

facilitation and in case any statutory compliances are required, the same shall be

complied with by the lessor and the lessee. Further, the Corporation shall not in any

way directly or indirectly be involved in the inter-se disputes between the Allottee and

the lessee.

14.3 Provision for Dilution of Equity shareholding by allottees in favour of 3rd party:

1. The allottee shall be required to take prior permission of HSIIDC for dilution of

equity shareholding in favour of third party.

2. The allottee shall satisfy the Corporation about credentials of the incoming equity

holder(s).

3. The request of original allottee for the dilution of equity shareholding will be

considered by the Corporation on the following parameters:

In case of Self User IT Unit

The self-user IT unit, who have been allotted plot, will be allowed to divest up to 49% share

in favour of third party in line with the provisions of EMP-2015 applicable for industrial

plots, on payment of fee as applicable for industrial plots, subject to the condition that

incoming partner shall have minimum net worth of Rs.25 crore.


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In case of a Developer

i) The net worth of the incoming party must be at least Rs.50 crore. However, in case

the equity is diluted through public issue, private placement in favour of Banks,

Financial Institutions, Mutual Funds etc. the minimum net worth criteria shall not

be applicable.

ii) Raising of equity through public issue of shares

a) In case the allottee company intends to raise equity through public issue of

shares/IPO, to be listed on any recognised Stock Exchange and there is no

change in Management control of the allottee company, the maximum

equity can be diluted to the extent of 74% of post- issue paid-up capital of

the company.

b) The original promoters of allottee company shall continue to hold a

minimum of 26% of post-issue paid up capital of the company and will

remain the largest equity holder(s). The allottee company shall submit a

certificate from the Registrar to the Issue confirming that the

promoters/their family members/their associates are holding majority

equity shareholding in the company.

iii) Raising of equity through private placement in favour of Banks/ Financial

Institutions/ Mutual Funds/ FIIs/ such other Institutional Investors

a) In case the allottee company intends to raise equity through private

placement of equity in favour of Banks/Financial Institutions/Mutual

Funds/FIIs/Institutional Investors and the shares are not to be listed on any

stock exchange and there is no change in Management Control of the

allottee company, the maximum equity can be diluted to the extent of 49%

of paid up capital of the company.

b) The original promoters of allottee company shall continue to hold the

balance 51 % equity capital of the company. The allottee company shall

submit a certificate from its Statutory Auditors as well as copy of Annual

return filed with the Registrar of Companies on annual basis.

iv) Raising of equity by induction of private equity shareholder(s)

a) In case the allottee company intends to induct third party as equity

shareholders and there is no change in Management control of the allottee

company, the maximum equity can be diluted to the extent of 49% of post

induction paid up capital of the company.

b) The original promoters of allottee company shall continue to hold the 51%


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equity capital of the company. The allottee company shall submit a

certificate from its Statutory Auditors as well as copy of Annual return filed

with the Registrar of Companies on annual basis.

c) The newly inducted shareholder(s) will not be allowed to transfer their

shareholding till five years or completion of the project whichever is later.

v) The fee structure for allowing dilution of equity shareholding shall be as under:

% of equity dilution Fee applicable (per acre)

Unlisted Company Listed company

Upto 10% of paid up capital Rs. 6,00,000/- Nil

Above 10% but up to 26% of the paid up capital

Rs. 12,00,000/- Rs. 6,00,000/-

Above 26% - upto 49% of the paid up capital

Rs. 24,00,000/- Rs. 12,00,000/-

Above 49% - up to 74% of the paid up capital

Not allowed Rs. 24,00,000/-

14.4 Leasing of built up space

The allottee (developer) shall be eligible to lease out the built up space to the Anchor unit

as well as to the third parties for uses specified under the Campus Development norms,

subject to payment of one time leasing fee equivalent to 50% of transfer fee, chargeable on

plot area, after building has been constructed and occupation certificate has been

obtained. In case of self-user allottee, the leasing shall be permissible as per provisions

applicable for industrial plots.

The leasing fee shall be payable on the basis of FAR availed in the following manner:-

FAR availed Leasing fee payable

Upto 125% Leasing fee rate x plot area

Above 125% & upto 150% Leasing fee rate x Plot area x 150 125



Above 200 & upto 250% Leasing fee rate x Plot area x 250 125


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14.5 Transfer of built up space:

During the implementation period, no transfer of land/site/built up space under the

Technology Park Scheme shall be allowed. For sale of built up space under the developer

Category, the provisions shall be as under:

A. For Sale of Technology Component Area:

i. The allottee (Developer)shall be required to obtain occupation certificate

from HSIIDC in respect of a minimum of 75% of project area for technology

component and the allottee must not be in default of any dues of the

Corporation;

viii. Out of this 75% area, the allottee shall be eligible to sell built up space only

to the extent of 50% of the built up area, immediately, after obtaining

occupation certificate;

ix. The allottee shall be entitled to sell balance built up area after three years

of obtaining occupation certificate, subject to the condition that a

minimum of 30% of the project area shall be retained by the allottee/one

single party, which shall be considered successor in interest and shall be

responsible for all matters vis-a-vis the Corporation. The allottee/

occupants of the building shall also comply with the provisions of the

Haryana Apartments Ownership Act;

x. The minimum built up space to be sold by the allottee to a single party

shall be 2500 sq. Feet;

xi. The Developer/Allottee shall remit the transfer fee at the rate of Rs.100/-

per sq. Feet of the built up space, along with service tax & interest as

applicable;

xii. Any dues becoming payable in future on account of maintenance charges,

water charges, sewer charges, etc. shall be payable by the Developer

/allottee or successor in interest.

B. For sale of Commercial/Recreation/Residential component area:

i. The allottee shall be required to obtain occupation certificate of the built

up space intended to be disposed of through sale or long lease;

ii. the Commercial/Recreational/Residential component area in the

Technology Park shall be utilized as a subservient usage to the permissible

activity of the Technology Park and the same shall be for the overall

benefit of the end users of the Technology Park facilities and not for the

general public;


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iii. The rest of the conditions i.e. Payment of transfer fee, minimum space to

be disposed of, payment of other dues of the Corporation and applicability

of Haryana Apartment Ownership Act shall be as prescribed above for sale

of technology component area;

C. Payment of Enhanced compensation:

i) Existing Allottees:

Before transfer/sale of any part of the built up space, the allottee shall be required

to pay the entire amount of enhanced compensation demanded by the Corporation;

or the allottee may open an escrow account in a bank with an understanding that

the sale proceeds of the built up space shall be routed through the said account

and the bank shall retain a minimum balance equivalent to the amount of enhanced

cost in default along with the next installment of enhancement cost in the said

account and release the same to the Corporation on demand/due date. In that

case the allottee shall be eligible for occupation certificate of the built up project

area, subject to fulfillment of conditions other than the payment of due enhanced

cost. The future demand, if any, towards enhancement cost shall also be required

to be paid by the allottee/re-allottee/anchor unit holding a minimum of 30% of the

project area or the association of the occupants.








ii) Future Allotments:

In the Enterprises Promotion Policy 2015, announced by the State Government, a



formulate a suitable scheme in this regard.

Accordingly, no enhancement will be charged by the HSIIDC in respect of the

allotments to be made after coming into force of EMP-2015. However, the existing

allottees who have been allotted plots before coming into force of EMP-2015 shall

be required to pay enhanced cost on proportionate basis as per the terms and


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conditions of their allotment against enhancement in land compensation

awarded/to be awarded by the competent courts.

D. The self-user category allottees shall not be eligible to transfer the built up space in parts

as provided above for the Developer Category and provisions of Chapter-8 of EMP-2015

relating to transfer of plots shall be applicable in such cases. No transfer fee shall be

charged for transfer of the self-user category plots after successful running of the project

for a period of ten years.

E. The allottee shall submit the following documents with the Corporation within sixty days of

the execution of the sale deed in favour of the transferee along with applicable transfer

fee as prescribed under para A-v above:

i) Certified copy of registered sale deed;

ii) Name & address of the transferee;

iii) Proposed activity of the transferee;

iv) Undertaking by the transferee to utilize the built up space for specified permissible

activities only and to abide by & be bound by the terms of campus development

scheme/conditions of allotment and to pay due amount on account of maintenance,

water charges, sewer charges, security surveillance etc. to the HSIIDC,

association/municipal authorities etc.;

v) Undertaking by the allottee/transferee to ensure compliance of the fire safety

norms & other relevant acts/rules including applicable building bye laws.

F. The allottee shall ensure submission of request for transfer of built up space along with

requisite documents along with demand draft towards the applicable transfer fee with

applicable or as amended from time to time, in the office of concerned Estate Manager

within sixty days of execution of sale deed in favour of the transferee. In case of failure to

submit the transfer request/ applicable fee within sixty days, the transfer fee shall be

applicable at double the normal rate along with interest @ 11% p.a. from the date of

execution of sale deed till the date of actual payment to the Corporation.

Further, the concerned Estate Manager, shall be authorized to allow such transfer of built

up space, subject to compliance of aforesaid norms and after charging the applicable

transfer fee with service tax & interest, as applicable


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Chapter 15

Provisions for Residential Plots

The mandate for creation of general residential infrastructure in the State rests with the HUDA and

the colonisers/ developers. However, the HSIIDC is permitted to make provision for residential

infrastructure within the Industrial Parks/ IMTs on a limited scale to cater to the housing

requirements of people engaged in industry and with a view to providing a walk-to-work

environment. As a part of this initiative, the Corporation has provided for residential sectors in IMT

Manesar, IMT Bawal and IGC Saha, and carved out individual residential plots as well as Group

Housing sites. It has been decided that henceforth the Corporation would provide for the residential

facilities largely following the concept of Group Housing and plotted development of residential

sectors may be perused only selectively and that the residential plots would be auctioned. However,

these provisions will not be applicable to the residential plots allotted under R & R Policy of State

Government.

15.1 Mode of Allotment

The plots will be auctioned and the allotted to bidder giving the highest bid. However,

MD/HSIIDC reserves the right to reject the highest bid.

15.2 Eligibility for participation in auction

Any legal entity competent to enter into a contract.

15.3 Pricing of Residential Plots

The reserve price will be 20% higher than the rate of industrial plot in the particular estate

in case of first auction. In subsequent auction, the weighted average realization of previous

auction shall be the reserve price.

15.4 Payment Terms

i. The bidders shall be required to deposit earnest money, as stipulated.

ii. The bidder shall be required to deposit amount equivalent to 10% of his quoted bid

within 24/48 hours from the close of bid as prescribed. The earnest money will be

adjusted against the 10% amount.

ii. The bidder/allottee shall, within 30 days, from the date of issue of allotment

letter, deposit with the HSIIDC, 15% of the tentative price, in order to complete

25% of the bid money/consideration price of the plot;

iii. In case of failure to deposit the said amount within 30 days, the period for deposit

may be extended for 30 more days on payment of interest @ 13% per annum. for

the extended period. If payment is not made within the extended period also, the

allotment shall automatically lapse and the amount deposited by the allottee

towards price of the plot shall be forfeited to HSIIDC. However MD/HSIIDC can

accept 15% amount towards price of plot beyond the permissible 60 days period up


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to 120 days from the date of allotment by charging interest @ 13% per annum.

Further Administrative Secretary of the Industries Department, Govt. of Haryana

can accept the 15% amount towards price of plot beyond the 120 days’ period

depending upon merits of each case.

iv. Thereafter the balance 75% amount can be paid in lump sum without any interest

within 60 days from the date of issue of the allotment letter or in eight equal half-

yearly instalments. The instalments payable on 31st December and 30th June of each

year shall carry interest @ 11% per annum on the remaining amount of price of plot

from the date of offer of possession. Any delay in payment shall carry interest @

13% p.a., compounded half yearly on the amount in default for the defaulted

period. In case the instalment is not paid within 6 months of the due date, the plot

is liable to be resumed.

v. No enhancement would be charged by the HSIIDC from the allottees who are

allotted plots on or after 16.10.2015. However, the existing allottees, who have

been allotted plots before coming in to force of EMP-2015, shall be required to pay

the enhanced cost as per the terms of allotment. As regards existing allottees who

have been allotted plots before coming into force of EMP-2015, any additional price

of the plot/shed, as a consequence of enhancement in compensation that have

been/may be awarded by the Court(s) in any matters/cases arising out of the

acquisition proceedings or any incidental or matters connected thereto, shall be

payable by the allottee in lump-sum within 60 days from the date of issue of

demand notice without any interest. In the alternative, the allottee shall have the

option to make the payment on account of enhanced cost in ten half-yearly equal

instalments due on 30th June & 31st December, with interest @ 11% per annum on

the balance amount outstanding. Default in payment of instalments shall entail

interest @ 13% per annum for the defaulted period on the defaulted amount,

compounded half yearly;








vi. The possession of the plot will be offered on completion of basic infrastructure

facilities at site, including motor-able road to the site, availability of water supply


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connection at site for construction purpose, electrical infrastructure comprising if

distribution system network and provision of security service.

15.5 Surrender of Residential Plot

The provision of surrender for Industrial plots as per EMP-2015 will be applicable.

15.6 Construction on Residential Plots:

i. The allottee shall complete the construction of the residential plot within a period

of three years of the date of offer of possession after getting the plans of the

proposed building approved from the competent authority in accordance with the

regulations governing the erection of buildings.

ii. Extension in period for completion of construction beyond the period of three years

will be granted on year to year basis, on payment of extension fee. The fee for the

9th extension onwards will be double the extension fee for previous year as detailed

hereunder without any cap for the extensions:

(In Rs. Per sq. Meter per annum)

Sr. No.

Area/Block 1st & 2nd Year

3rd & 4th Year

5th & 6th Year

7th & 8th Year

9th year

10th year

11th year

& so on

1 Category ‘A’

Estates 40 60 100 150 300 600 1200 --

2 Category ‘B’ &

‘C’ Estates 20 30 50 75 150 300 600 --

Note: 1. There will be no limit on the number of extensions, however in case the allottee doesn’t deposit the extension fee for two consecutive years, plot shall be liable to be resumed.

2. Applicable service tax and interest @ 11% per annum from due date shall also be payable

iii. The use of land and the building shall be governed as per rules & regulations of the

Department of Town & Country Planning, Haryana, as amended from time to time.

Zoning violations and deviations from the approved building plans at any stage shall

cause a notice to rectify the breach. In the event of non-compliance, the plot shall

be liable to be resumed.

iv. The allottee shall obtain the ‘Occupation Certificate’ from the concerned

competent authority before occupying the building as per rule 48 & 56 of The

Punjab Scheduled Roads & Controlled Areas Restriction of Unregulated

Development Rules, 1965.

v. The plot shall not be used for any purpose other than for which it has been

allotted. The allottee shall not make any alteration/ modification/ addition in the

building without getting the revised building plans approved from the competent

authority and no fragmentation of the plot/ building shall be permitted.


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vi. The plot is allotted on 'as is where is' basis and the allottee shall have to pay

separately for any construction, material, trees, structure or compound walls

existing on the plot at the time of allotment for which compensation has been

assessed and paid by HSIIDC in case the allottee wants to make use of the same.

HSIIDC shall not be responsible for levelling of the uneven sites.

15.7 Transfer of Residential Plots:

i. The plot shall continue to belong to the HSIIDC until the entire consideration money

towards price of the plot, together with interest and other charges, has been paid

by the allottee. Allottee shall have no right to transfer the plot by way of sale, gift

or otherwise and create any right, title or interest therein without the prior written

permission of HSIIDC.

ii. On payment of 100% price of the plot/ building, the Deed of Conveyance in the

prescribed form and in such manner as may be directed by HSIIDC shall be

executed. The charges for registration and stamp duty will be paid by the allottee.

Execution of conveyance deed will be mandatory within one year of making

payment of full price of the plot, including enhanced cost, after clearance of all

types of dues of the Corporation. In case of failure to do so, the execution of

conveyance deed shall attract payment of stamp duty on the value of the property

calculated at the prevailing collector rate in case the same is higher than the

allotment rate plus applicable enhanced cost. In the existing cases where full cost

of the plot including enhanced cost, if any, has been deposited, the allottees can

get the conveyance deed executed by 30.06.2017 after clearance of all types of

dues of the Corporation, as per existing practice and thereafter the revised

provision of payment of stamp duty shall be applicable.

iii. a. Transfer of Preferential/General Category allotments: The Corporation

had earlier allotted residential plots under ‘preferential category’ i.e in favour of

Industrial plot holders/their partners/Directors/employees, and also under ‘General

category’ through draw of lots. The transfer of these residential plots (preferential

and general) shall be allowed only after the allottee has cleared all dues of HSIIDC,

obtained Occupation Certificate and executed conveyance deed. For the first

transfer, the allottee shall be required to pay transfer fee at the rates applicable

for transfer of Industrial plots and for subsequent transfers only the applicable

processing fee shall be payable.

b. Auctioned plots: In case of auctioned plots (including auctions prior to

2015), the transfer of residential plots shall be allowed only after the allottee has

cleared all dues of HSIIDC and executed conveyance deed. Corporation shall charge

only processing fee.


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iv. Transfer fee, wherever applicable, would be payable along with interest @ 11% per

annum from the effective date of transfer (i.e. execution of sale deed). The

allottee shall take prior approval of HSIIDC for first/subsequent transfer of plot in

favour of the proposed transferee before effecting the transfer, failing which the

transfer fee/ processing fee, as the case may be, would be charged at double the

normal rate, instead of normal rate. Similarly in case where the

subsequent/multiple transfer(s) of plot is effected at the stage of Provisional

Transfer Letter (without obtaining FTL), the same may be regularised by the

Corporation by charging penalty equivalent to 25% of normal transfer fee as per

EMP-2015 for each such transfer.

v. In case of non-compliance of conditions of Provisional Transfer Letter (PTL) within a

period of 120 days, penalty equivalent to 25% of normal transfer fee as per EMP-

2015 shall be charged for regularising the delay beyond 120 days, in compliance of

PTL conditions.

vi. In cases where plots have already been sold without obtaining ‘occupation

certificate’ as stipulated at Serial 15.7 (iii)(a), such cases will be regularized by

levy of double the applicable transfer fee along with interest @ 11% per annum

from effective date of transfer.

vii. Categories exempted from payment of transfer Fee:

a. Transfer by way of inheritance, will or within the family members of the allottee.

b. Succession due to death of owner/allottee/majority shareholders.

c. Takeover by financial institution.

d. Second or all subsequent transfers, with prior permission of the Corporation.

In the cases covered under above categories, only the applicable processing

fee will be payable along with the transfer request. However, prior written

permission of HSIIDC is required in all cases of transfers. Dues of the

Corporation, if any, shall be required to be cleared before permitting any

such transfer.

viii. Application for transfer of residential plot shall be accompanied by the following:

a. Transfer request along with details w.r.t. name, address, etc. of the

proposed transferee;

b. Self-attested copy of conveyance deed; c. Original allotment/ re-allotment letter;


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d. Self-attested undertaking of the proposed transferee for compliance of

terms and conditions of allotment and payment of enhanced compensation/

other dues, payable to the Corporation from time to time;

e. Two photographs self-attested of the proposed transferee.

f. Self-attested copies of PAN cards or Form-60 (in lieu thereof) of the

allottee and proposed transferee.

On submission of the above documents, provisional transfer permission shall

be granted.

ix. The allottee/proposed transferee shall submit the following before issuance of final

transfer letter/re-allotment letter in favour of the proposed transferee:

a. Payment of transfer/processing fee at the applicable rate.

b. Certified copy of sale deed.

c. The allottee will furnish duly notarized indemnity bond to indemnify the Corporation from any loss/ liability it may incur on such account.

d. Any other document as specified in the Provisional transfer letter.

Note: In case the allottee / re-allottee/registered GPA has executed the sale

deed then there will be no condition of appearance of original allottee.


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15.8 Resumption of the Plot

i. The HSIIDC will be competent to resume plots in its Estates in case an allottee

defaults in complying with the terms and conditions of allotment (including non-

construction within the permissible/ extended period).

ii. Upon resumption of a Plot/ built-up premises, the allottee would be entitled to

refund of the amount deposited towards the price of the plot including interest and

penal interest, if any, deposited by the allottee on instalments, without any

interest by the Corporation, after deducting 10% of the price of the plot. In

addition to the above, maintenance, water/sewer charges, in default, if any, shall

also be deducted from the refundable amount. In cases where the plot is resumed

along with the structure constructed thereon, the allottee shall be at liberty to

remove such structure from the plot at his own cost within a reasonable time of

three months, failing which the Corporation may get the cost of construction of the

building assessed from approved Valuer/ Chartered Engineer and pay this amount to

the erstwhile allottee. In such cases, the cost of the structure shall be recoverable

from the subsequent allottee of the plot.

iii. An appeal against resumption of plot shall lie before the Committee headed by

Administrative Secretary of the Industries Department, Haryana with Director

Industries, Haryana and Managing Director/Haryana Financial Corporation as the

other members. The appeal shall be filed in the office of Administrative Secretary

of the Industries Department, Govt. of Haryana, within 90 days of the resumption

order.

15.9 Permission for Use of Non-Nuisance Activities in Residential Plots

The residential plots shall be used only for residential purposes and not for any commercial

activity. However, the following practices can be carried out by an allottee on payment of

fees of Rs.1,00,000/- (for Category ‘A’ Estates) and Rs.50,000/- (for Category ‘B’ & ‘C’

Estates) and obtaining specific approval from the HSIIDC:

a) Medical Consultation by Doctors (without Nursing Home); b) Lawyers; c) Tax Consultants; d) Architects; e) Chartered Accountants/Company Secretaries; f) Property Consultants (duly registered under the Haryana Regulation of

Property Dealers and Consultants Act, 2008).

The above activities are allowed with the condition that the area for utilization of said

activities shall not exceed 25% of the built-up area or 50 sq. meters, whichever is less. The

permission will initially be given by for a period of 5 years and can be renewed thereafter

on payment of renewal fee equivalent to 10% of the fee.


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15.10 Other Conditions:

i. If the allottee appoints any attorney (without right of disposal/ transfer of the

property), he/she/they shall submit the certified copy of the Registered Power of

Attorney along with photograph and signatures of the allottee duly attested by the

Executive Magistrate within a week from the registration of the deed by Regd. A/D

post or in person. The attorney so appointed shall have no right to effect the

transfer through General Power of Attorney.

ii. The allotment shall be governed by the terms and conditions as laid down in the

allotment letter and Estate Management Procedures of HSIIDC with regards to

residential plots as applicable from time to time. The policy changes and guidelines

issued from time to time regarding extension in time, transfer, charges for various

activities or any other issue pertaining to the allotment of residential plot shall be

binding on the allottee.

iii. The allottee shall have the right to mortgage the plot in favour of banks/FIs

subject to the condition that the HSIIDC shall have first charge on the plot for

recovery of its dues and the charge of the bank/FI shall be second/sub-servient.

Further, the allottee shall get the deed of conveyance executed in its favour

before creating mortgage of the plot/shed. The mortgage to be created by the

allottee in favour of Bank/FI shall be without prejudice to the rights of the

Corporation in terms of the RLA/deed of conveyance in respect of the plot/shed in

question. In the event of auction of the property by the bank/FI for recovery of its

dues, the Bank/auction purchaser shall be required to clear the dues of the

Corporation in respect of the plot as the purchaser shall be stepping into the shoes

of the allottee. The auction purchaser shall utilize the plot/premises for

permissible activities only and in case the project was not completed by the

allottee, the auction purchaser shall be required to complete his project within

two years of re-allotment of plot in its favour, failing which the provisions relating

to grant of extension as provided in clause-15.6 (ii) of EMP shall be applicable.

The above provision shall be applicable to existing allottees as well,

notwithstanding anything contrary contained in this regard in the RLA/deed of

conveyance executed in their favour.

iv. The allottee shall pay the maintenance charges as applicable in the Estate.

Note: Decision regarding mode of allotment of balance plots in IGC Saha, will be taken in due course of time.


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Chapter 16

Group Housing Plots/ Sites

With a view to making available housing in its industrial estates and preventing haphazard

development, the Corporation conceived a scheme for providing Group Housing sites of varying

sizes in the various Industrial Estates being developed by it. The Group Housing sites have since

been allotted to allottees of industrial plots for staff housing (‘allottee category’) & registered co-

operative group housing societies of industrial workers/executives/promoters/directors of allottees

of industrial plots. The Corporation and the allottees of these sites shall be governed by the

following procedures:

16.1 Eligibility for Allotment

The following shall be eligible for allotment:

a. General Category:

Any legal entity competent to enter into a contract;

b. Government Category:

State/Central Government Departments and their PSUs/authorities.

16.2 Criteria for Allotment of Land for Group Housing

i. Land measuring ½ acre to 5 acres will be allotted to the applicants eligible as

specified in Clause 16.1. The project shall have minimum 20 dwelling units (DUs).

ii. The area calculations and the admissibility of sizes of units shall be governed in

accordance with the norms prescribed by the Town & Country Planning Department

linked with the Density and permissible FAR for Group Housing Sites;

iii. Rate of Allotment: The reserve price in case of first auction will be fixed @ 40%

higher than the allotment rate of Industrial plot in the respective estate. The

reserve price for subsequent auction shall be revised from time to time by the

Managing Director, after taking in to consideration weighted average of auction

price during the last auction.

iv. Scheme will be advertised and bidding would be conducted for allotment under

‘general category’ plots. Site will be allotted to bidder giving highest bid.

v. Allotment under ‘government category’, will be made at the allotment price which

will be equivalent to the weighted average of last auction.


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16.3 Mode of Allotment and Payment Terms –

i. The mode of allotment for the general and government category would be as

under:

A. Auction – General Category:

I. The Corporation would release advertisement, inviting bids from ‘general

public’ including allottees of industrial plots. The auction would be plot/site

specific. Voice auction/e-auction may be conducted as per the discretion of the

Corporation. The bidders shall be required to deposit earnest money, as stipulated.

The bidder giving the highest bid, would be allotted the site, who would be

required to deposit the amount equivalent to 10% of his quoted bid amount: (a)

within 24/48 hours from the closing time of bid as prescribed in case of e-auction;

or (b) at the fall of hammer in case of voice auction. The earnest money would be

adjusted in the 10% amount.

II. In case of non-deposit of the 10% bid amount as stipulated, the bid would

stand rejected and the earnest money already deposited would be forfeited by

HSIIDC.

III. On deposit of the 10% bid amount, the highest bidder would be issued a

‘Letter of Intent’ (LOI) containing the terms and conditions of allotment. The

bidder would be required to intimate the number of dwelling units proposed to be

constructed on the allotted site and sizes thereof, etc. and execute agreement with

the HSIIDC as well as deposit an amount equivalent to 15% of the quoted bid

amount (to complete 25% of the price of site including the 10% amount already

deposited). The said amount is to be deposited within thirty days of issuance of

LOI. In case of failure to deposit the said amount within 30 days, the period can be

extended for 30 more days on payment of interest @ 13% per annum for the

extended period on request. If payment is not made within the extended period

along with interest, the Letter of Intent shall automatically lapse and 10% of the

amount already deposited shall be forfeited by the HSIIDC. However MD/HSIIDC can

accept 15% amount towards price of site beyond the permissible 60 days period up

to 120 days from the date of allotment by charging interest @ 13% per annum.


can accept the 15% amount towards price of site beyond the 120 days period


B. Allotment – Government category

I. The HSIIDC will allot plots to the State/ Central Government departments

and their PSUs/authorities on receipt of an application. This category can

apply on an ‘on-going basis’. The allotment price will be equivalent to the


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weighted average of last auction of such sites, which will be valid for a

period of six months. In case last auction is more than six months old, the

application will be placed before the Higher Level Plot Allotment

Committee. Applicants shall submit earnest money equivalent to 10% of the

tentative price of site along with their application.

II. ‘Letter of Intent’ (LOI) for allotment of the site will be issued, wherein the

allottees would be required to intimate the number of dwelling units

proposed to be constructed on the allotted site and sizes thereof, etc. and

execute agreement with the HSIIDC as well as deposit an amount equivalent

to 15% of the allotment price (to complete 25% of the price of site including

the 10% amount deposited along-with Application), within thirty days of

issuance of LOI. In case of failure to deposit the said amount within 30

days, the period can be extended for 30 more days on payment of interest

@ 13% per annum for the extended period on request. If payment is not

made within the extended period along with interest, the Letter of Intent

shall automatically lapse and 10% of the amount already deposited as

earnest money will be refunded without any interest. However MD/HSIIDC

can accept 15% amount towards price of plot beyond the permissible 60

days period up to 120 days from the date of allotment by charging interest

@ 13% per annum. Further Administrative Secretary of the Industries

Department, Govt. of Haryana can accept the 15% amount towards price of

plot beyond the 120 days period depending upon merits of each case.

ii. Pursuant to execution of Agreement and deposit of an amount equivalent to 15% of

the price of land (to complete 25% of the price of site including the 10% amount

deposited along-with Application), HSIIDC will issue the “Allotment Letter” of the

site;

iii. Thereafter the balance 75% amount can be paid in lump sum without any interest





13% per annum, compounded half yearly on the amount in default for the defaulted

period. In case the instalment is not paid within 6 months of the due date, the plot

is liable to be resumed.

iv. No enhancement would be charged by the HSIIDC from the allottees who are





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of the plot, as a consequence of enhancement in compensation that has been /may

be awarded by the Court(s) in any matters/cases arising out of the acquisition

proceedings or any incidental or matters connected thereto, shall be payable by

the allottee in lump-sum within 60 days from the date of issue of demand notice

without any interest. In the alternative, the allottee shall have the option to make

the payment on account of enhanced cost in ten half-yearly equal instalments due

on 30th June & 31st December, with interest @ 11% p.a. on the balance amount

outstanding. Default in payment of instalments shall entail interest @ 13% p.a. for

the defaulted period on the defaulted amount, compounded half yearly.








ii. The earnest/application money of un-successful bidders would be refunded without

any interest, within 30 days of date of finalization of allotment under the

advertised scheme.

16.4 Completion of Project

i. The allottee will have to complete the construction within five years of the date of

offer of possession in accordance with the plans of the proposed building approved

from the Competent Authority. Allottee shall not erect any building or make any

alteration/ addition without approval of building plans by HSIIDC. No fragmentation

of the plot/site shall be permitted. The occupation certificate shall be granted if

all the Dwelling units are in habitable condition and they are complete in all

respects as per the norms of Department of Town & Country Planning, Haryana and

subject to the satisfaction of HSIIDC.

ii. The time limit for completion of construction is extendable by the HSIIDC subject to

payment of extension fee.

iii. Extension in period for completion of construction beyond the period of five years

will be granted on year to year basis, on payment of extension fee. The fee for the

6th extension onwards will be double the extension fee for previous year as detailed

hereunder without any cap for the extensions:


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(In Rs. Per sq. Meter per annum)

Sr.

No.

Area/Block 1st Year

2nd & 3rd Year

4th & 5th Year

6th Year

7th year

8th year

9th year

& so on

1 Category ‘A’

Estates 40 60 100 200 400 800 1600 --

2 Category ‘B’ &

‘C’ Estates 20 30 50 100 200 400 800 --

Note: 1. There will be no limit on the number of extensions, however in case the allottee doesn’t deposit the extension fee for two consecutive years, plot shall be liable to be resumed.

2. Applicable service tax and interest @ 11% per annum from due

date shall also be payable

16.5 Maintenance of Common Facilities

The maintenance of common facilities shall be under the provisions of the Haryana

Apartment Ownership Act, 1983 and the allottees shall ensure that the flats/DUs are

transferred to their members only after completing the formalities required under the Act

ibid.

16.6 Change in Membership/Size & No. of Dwelling Units (DUs):

i. For allotments made to Co-operative Group Housing Societies before coming in to

force of EMP-2015, the addition/deletion/substitution of members will be allowed

as under:

a. Society may be permitted addition/deletion to the extent of 25% of the

original members before start of construction only.

b. Substitution of members, up to grant of Occupation Certificate, to the

extent of 25% of the original membership will also be permitted in addition

to (a) above.

The addition/substitution of members shall be subject to compliance of

condition that the members should be workers/executives working in the

respective Industrial Estate/IMT or promoters/directors of units/firms/

companies who are allottees of Industrial plots of the respective industrial

estate/IMT. However, an allottee of industrial plot/their partners/

promoters, who has already been allotted a residential plot/group housing

site under preferential category in IMT Manesar, Bawal and IGC Saha, as the

case may be, shall not be eligible to be the member of any Co-operative

Group Housing Society.

c. The following fee for change in members shall be charged by the

Corporation:


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Sr. Size of dwelling unit (DU) (in sq. Meter)

Amount to be charged for change in membership

I Up to 100 Rs.10,000/- per member

II 101 – 150 Rs.30,000/- per member

III 151 – 250 Rs.40,000/- per member

ii. Change in size/number of DU

Change in size/No. of dwelling units will be allowed so long as it is within the

existing PPA as well as FAR. The following fee shall be charged by the Corporation:

For the 1st time Rs.20,000/-

For the 2nd time Rs.40,000/-

For the 3rd time Rs.60,000/-

iii. The changes in the sizes of dwelling units shall be allowed free of cost, if such a

request is made within two years from the date of issue of final letter of allotment

or till the date of offer of possession, whichever is later, irrespective of number of

such requests made by the allottee in this period.

16.7 Transfer of Site/ DU:

i. In case of allotments made prior to 16.10.2015, no transfer of land allotted to a Co-

operative Group Housing Society shall be allowed.

ii. In case of group housing site allotted to the allottee prior to 16.10.2015 & site

allotted under ‘Government Category’ for staff housing, the transfer shall be

permissible only after allottee has obtained Occupation Certificate, cleared all

dues of HSIIDC and executed conveyance deed.

iii. The allottees will only have the right to accept the deposit in respect of payment

towards the construction of flats but shall have no right to transfer by way of sale,

gift or otherwise the land/building, or the part thereof or any right, title or interest

therein. These rights to transfer will accrue only after clearance of all dues of

HSIIDC, grant of occupation certificate and after execution of conveyance deed and

with the prior written permission of HSIIDC. After grant of Occupation Certificate,

the provisions of Haryana Apartment Ownership Act, 1983 shall be applicable.

iv. In case of allottee category sites allotted prior to 16.10.2015, for the first transfer,

transfer fee equivalent to the transfer fee applicable to Industrial plots of that

Estate shall be charged. For subsequent transfers only processing fee of Rs.1.00

lakh per transfer shall be charged. In case of general category (auctioned) GH


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sites/government category GH sites no transfer fee shall be charged and only

processing of Rs.25,000/- shall be charged. Prior written permission of HSIIDC is

required.

16.8 Surrender of Plot/ Site:


16.9 Resumption:

i. In the event of non-payment of any amount due within the stipulated period or on

breach of any of the terms and conditions of allotment, it shall be lawful for the

HSIIDC to order resumption of plot/site.

ii. Upon resumption of the site/built-up premises, the allottee would be entitled to

refund of the amount deposited towards the price of the site including interest and


interest by the Corporation, after deducting 10% of the price of the site. In addition

to the above, maintenance, water/sewer charges, in default, if any, shall also be

deducted from the refundable amount. In cases where the site is resumed along

with the structure constructed thereon, the allottee shall be at liberty to remove

such structure from the site at his own cost within a reasonable time of three

months, failing which the Corporation may get the cost of construction of the


the erstwhile allottee. In such cases, the re-allotment price of the site will be

inclusive of the amount so paid by the Corporation to the erstwhile allottee.

iii. The site allotted prior to 16.10.2015 under ‘allottee category’ shall not be resumed

on account of resumption of industrial plot.

iv. An appeal against resumption of plot shall lie before the committee headed by

Administrative Secretary of the Industries Department, Govt. of Haryana with

Director, Industries, Haryana and MD/Haryana Financial Corporation as the other

members. The appeal shall be filed in the office of Administrative Secretary of the

Industries Department, Govt. of Haryana within 90 days of the resumption order.

16.10 Other Conditions:

i. The land/building shall continue to vest in the HSIIDC until the entire consideration

money, together with interest and other amount, if any, due to the HSIIDC on

account of the allotment/sale of such land or building or both is paid.

ii. The allottee shall have the right to mortgage the plot in favour of banks/FIs subject

to the condition that the HSIIDC shall have first charge on the plot for recovery of

its dues and the charge of the bank/FI shall be second/sub-servient. Further, the

allottee shall get the deed of conveyance executed in its favour before creating


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mortgage of the plot/shed. The mortgage to be created by the allottee in favour of

Bank/FI shall be without prejudice to the rights of the Corporation in terms of the

RLA/deed of conveyance in respect of the plot/shed in question. In the event of

auction of the property by the bank/FI for recovery of its dues, the Bank/auction

purchaser shall be required to clear the dues of the Corporation in respect of the

plot as the purchaser shall be stepping into the shoes of the allottee. The auction

purchaser shall utilize the plot/premises for permissible activities only and in case

the project was not completed by the allottee, the auction purchaser shall be

required to complete his project within two years of re-allotment of plot in its

favour, failing which the provisions relating to grant of extension as provided in

clause 16.4 (iii) of EMP shall be applicable.




iv. The allottee shall pay the maintenance charges as applicable in the estate.

v. On payment of 100% price of the site, the Deed of Conveyance in the prescribed

form and in such manner as may be directed by HSIIDC shall be executed. The

charges for registration and stamp duty will be paid by the allottee. Execution of

conveyance deed will be mandatory within one year of making payment of full price

of the plot, including enhanced cost, after clearance of all types of dues of the

Corporation. In case of failure to do so, the execution of conveyance deed shall

attract payment of stamp duty on the value of the property calculated at the

prevailing collector rate in case the same is higher than the allotment rate plus

applicable enhanced cost. In the existing cases where full cost of the plot including

enhanced cost, if any, has been deposited, the allottees can get the conveyance

deed executed by 30.06.2017 after clearance of all types of dues of the

Corporation, as per existing practice and thereafter the revised provision of

payment of stamp duty shall be applicable.


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Chapter 17

Institutional Plots/ Sites

To meet the requirement of State/Central Govt. and their PSUs as well as for certain non-

commercial activities, the developing agencies, viz. HUDA and HSIIDC have been planning

plots/sites for Institutional uses in the Estates being developed. Henceforth, these allotments shall

be governed by the following terms & conditions:

17.1 A. Category-I

a. Usage:

i. Offices of State/Central Govt./PSUs.

ii. Social/religious/charitable purpose.

iii. Labour Facilitation Centre.

iv. Educational Institution viz. ITIs / Polytechnic/ Skill Development & Staff-Education and Training Centre/University.

v. Education and Training Centres.

b. Eligibility:

i. State/Central Govt. and their PSUs.

ii. Societies/Trusts/Company incorporated under section-8 of Companies Act 2013.

B. Category-II

a. Usage:

i. Offices of Professional Group/Association/Society not engaged in Commercial/Manufacturing activities.

ii. Exhibition-cum-Convention Centre.

iii. Telephone exchange/BTS units, etc.

iv. Research & Development Centres.

v. Other Institutional uses.

b. Eligibility:

i. Any legal entity competent enter into a contract.

C. Category-III

a. Usage

i. School Sites.

ii. Hospital Site.

iii. Nursing Home/clinics for specialist doctors.

iv. FIs/ Banks/ Insurance Company.

v. Corporate Office.

b. Eligibility:

i. Any legal entity competent to enter into a contract except in case of school

site, in which only Societies/Trusts/Company incorporated under section-8

of Companies Act 2013 can participate.


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i. Institutional sites for applicants other than Central & State

Government/CPSUs/State PSUs, shall be allotted only through e-auction mode. The

allotment of Institutional sites for Central & State Government/CPSUs/State PSUs

shall be made by the Managing Director on an ongoing basis at institutional

allotment rate.

ii. In case of School sites located in Category-A Estates, 75% of the total school sites

shall be disposed of through auction and balance 25% sites shall be offered to the

State Govt. However, in case the sites offered to State Govt. are not utilized within

a period of 5 years, then the same shall revert to the HSIIDC. Allotment of school

sites in medium potential zone (category ‘B’ estates) shall be by way of auction/

limited bidding route, as applicable for category ‘A’ estates. In Low Potential Zones

(HSIIDC estates categorized as ‘C’), the allotment of school sites shall be made at

Institutional rates.

17.3 Price of Institutional Sites

Allotment price of Institutional sites will be as determined as under:

i. In case of allotment of institutional sites, the allotment price would be @1.25 times

the rate of Industrial plots in that particular Estate.

ii. Where the allotment is being made through auction/ limited bidding procedure,

reserve price in case of category-III sites will be fixed on the basis of institutional

rate of allotment or rate recommended by field office committee, whichever is

higher. In case of subsequent auction/bidding, the average realization during last

auction would be the reserve price.

17.4 Mode of Payment

A. In case of allotment at Institutional rates:

i. 10% of the total price of the site will have to be deposited by the applicant as

earnest money in the shape of bank draft/on-line transfer, along-with the

application.

ii. Upon issuance of Regular Letter of Allotment (RLA), the allottee will be required to

deposit 15% of the total price of the site within 30 days from the date of issuance

of RLA. This period will be further extendable by 30 days after obtaining specific

written approval from HSIIDC in which case allottee will be required to deposit 15%

cost of site along with penal interest @ 13% per annum for the extended period. In


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case of failure to deposit the 15% amount within 60 days, the allotment shall

automatically lapse and the amount deposited by the allottee towards price of plot

shall be forfeited to HSIIDC. However MD/HSIIDC can accept 15% amount towards

price of plot beyond the permissible 60 days period up to 120 days from the date of

allotment by charging interest @ 13% per annum. Further Administrative Secretary

of the Industries Department, Govt. of Haryana can accept the 15% amount towards

price of plot beyond the 120 days’ period depending upon merits of each case.

iii. Thereafter the balance 75% amount can be paid in lump sum without any interest






period.

iv. No enhancement would be charged by the HSIIDC from the allottees who are





of the plot, as a consequence of enhancement in compensation that has been/may





the payment on account of enhanced cost in six half-yearly equal instalments due

on 30th June & 31st December, with interest @ 11% per annum on the balance

amount outstanding. Default in payment of instalments shall entail interest @ 13%

per annum for the defaulted period on the defaulted amount, compounded half

yearly.









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v. In case two consecutive instalments are not paid, the site is liable to be resumed.

B. In case of allotment by way of Auction:

i. In case of auction, site specific and the bidders shall get themselves registered on

the specified auction portal before the closing date as well as deposit the earnest

money/e-auction fee as specified;

ii. The bidder giving the highest bid would be required to deposit the amount

equivalent to 10% of his quoted bid amount within 24/48 hours from the closing

time of bid as prescribed, failing which his bid would stand rejected and the

earnest money would be forfeited by HSIIDC, however, in case of voice auction, the

bidder would be required to deposit the amount equivalent to 10% of his quoted bid

amount at the fall of hammer.

iii. In case the highest bidder, after submission of bid, backs out, then the amount

already deposited shall stand forfeited.

iv. Upon issuance of Regular Letter of Allotment (RLA), the allottee will be required to

deposit 15% of the total price of the site within 30 days from the date of issuance

of RLA. This period will be further extendable by 30 days after obtaining specific

written approval from HSIIDC in which case allottee will be required to deposit 15%

cost of site along with penal interest @ 13% per annum for the extended period. In

case of failure to deposit the 15% amount within 60 days, the allotment shall

automatically lapse and the amount deposited by the allottee towards price of plot

shall be forfeited to HSIIDC. However MD/HSIIDC can accept 15% amount towards

price of plot beyond the permissible 60 days period up to 120 days from the date of

allotment by charging interest @ 13% per annum. Further Administrative Secretary

of the Industries Department, Govt. of Haryana can accept the 15% amount towards

price of plot beyond the 120 days’ period depending upon merits of each case.

v. Thereafter the balance 75% amount can be paid in lump sum without any interest






period.

vi. No enhancement would be charged by the HSIIDC from the auctioned institutional

sites.


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vii. In case two consecutive instalments are not paid, the site is liable to be resumed.

17.5 Period for Project Implementation

i. The allottee will have to complete the construction of covered area as per his

project report (the minimum covered area should be 25% of the total permissible

covered area), obtain occupation certificate & start operations within 5 years from

the date of offer of possession of the site, after getting the plans approved from

the competent authority.

ii. However in case the allottee fails to complete construction of 25% of the

permissible covered area within a period of 5 years from the date of offer of

possession of the site, the allottee shall be entitled to further extension in

permissible period of construction by three years, on year to year basis, on

payment of extension fees as detailed in clause 17.6.

iii. In case of non-completion of stipulated construction within the available/extended

period, the same shall be treated as violation of terms of allotment and plot shall

be liable for resumption.

17.6 Extension Fee:

Extension fees @ 1.25 times the rate applicable for availing extension in case of Industrial

plots in that estate will be charged. Normal interest @ 11 % per annum shall be payable

from the due date of extension till the date of payment.

17.7 Transfer of Site:

Transfer shall be allowed only after allottee has made full payment towards price of site,

obtained occupation certificate (after constructing 25% of the permissible covered area),

started operations and executed deed of conveyance, with the prior written approval of the

HSIIDC.

17.8 Transfer Fee

In case of allotted sites transfer fee, at double the rate of transfer fee applicable for

Industrial plots in that Estate will be charged along with applicable interest. In case of

auctioned sites, only processing fee of Rs.25,000/- shall be charged. The transferee shall

use the premises only for the eligible uses.

17.9 Resumption of Site

i. In the event of breach of any condition, HSIIDC may resume the site after giving

opportunity of personal hearing.


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refund of the amount deposited towards the price of the plot including interest and


interest by the Corporation, after deducting 10% of the price of the plot. In

addition to the above, maintenance, water/sewer charges, in default, if any, shall

also be deducted from the refundable amount. In cases where the plot is resumed

along with the structure constructed thereon, the allottee shall be at liberty to

remove such structure from the plot at his own cost within a reasonable time of

three months, failing which the Corporation may get the cost of construction of the


the erstwhile allottee. In such cases, the re-allotment price of the plot will be

inclusive of the amount so paid by the Corporation to the erstwhile allottee.

iii. An appeal against resumption of plot shall lie before the committee headed by


Director Industries, Haryana and Managing Director/Haryana Financial Corporation

as the other members. The appeal shall be filed in the office of Administrative

Secretary of the Industries Department, Govt. of Haryana, within 90 days of the

resumption order.

17.10 Surrender of Site


17.11 Other Terms and Conditions

i. The site shall continue to belong to the HSIIDC until the entire consideration money

together with interest and other amount due to HSIIDC on account of sale of site is

paid and deed of conveyance in favour of allottee is executed. The allottee shall

have no right to transfer the site or any right/title/interest thereon without prior

permission of HSIIDC even after execution of deed of conveyance till the project is

implemented in accordance with the terms and conditions of allotment.

ii. The allottee shall have the right to mortgage the plot in favour of banks/FIs

subject to the condition that the HSIIDC shall have first charge on the plot for

recovery of its dues and the charge of the bank/FI shall be second/sub-servient.

Further, the allottee shall get the deed of conveyance executed in its favour

before creating mortgage of the plot/shed. The mortgage to be created by the

allottee in favour of Bank/FI shall be without prejudice to the rights of the

Corporation in terms of the RLA/deed of conveyance in respect of the plot/shed in

question. In the event of auction of the property by the bank/FI for recovery of its

dues, the Bank/auction purchaser shall be required to clear the dues of the


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Corporation in respect of the plot as the purchaser shall be stepping into the shoes

of the allottee. The auction purchaser shall utilize the plot/premises for

permissible activities only and in case the project was not completed by the

allottee, the auction purchaser shall be required to complete his project within

two years of re-allotment of plot in its favour, failing which the provisions relating

to grant of extension as provided in clause 17.6 of EMP shall be applicable.




iii. On payment of 100% price of the plot/ building, the Deed of Conveyance in the













iv. The site shall not be used for any purpose other than that for which it has been

allotted. No nuisance activity shall be carried out on site/building.

v. The site shall not be subdivided or fragmented under any circumstances.

vi. HSIIDC will not be responsible for levelling the uneven sites and that the allotment

of site will be on ‘as is where basis’ is.

vii. The allottee shall have to pay all general and local taxes, rates or cesses imposed

or assessed on the said site and building by the competent authority including

applicable maintenance charges.

viii. Allottee shall not make any alterations/additions to the structure erected on the

site without prior/explicit written permission of the competent authority.


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Chapter 18

Commercial Sites

The Corporation has been carving out sites for booths, SCOs, shopping malls, service apartment

sites etc. in order to meet the requirements of the Estate or otherwise from time to time. These

sites, besides meeting the day to day requirements of the Estate, also provide an opportunity of

employment to the local residents.

18.1 Description/ Uses

i. Commercial tower;

ii. Cinema hall/ Multiplex;

iii. Shopping Malls;

iv. Convenience shops/Booths, SCOs, etc.;

v. Restaurant;

vi. Serviced Apartment/ Hotel/ Motel;

vii. Wayside amenities, Eating Joints;

viii. Any other permissible use. 18.2 Mode of Allotment/Disposal

Excepting where the HSIIDC decides to develop the site through public private partnership

(PPP) mode or decides to allot the site to a State Government Department or its PSUs, all

other commercial sites will be allotted either through (i) open auction or (ii) by inviting

sealed bids, or (iii) holding limited bidding process after inviting sealed bids, as may be

decided by the Board of Directors/HSIIDC. Further, the Corporation has initiated e-auction

on the portal www.haryanaeprocurement.gov.in. However, HSIIDC may conduct e-auction

or voice auction as per its discretion.

18.3 Eligibility

i. Any person legally competent to enter into a contract will be eligible to

participate in the auction. No bid shall be valid if given on behalf of any person

without disclosing the name/ particulars of such person/ entity and in case the bid

is in the name of a company, firm, HUF, complete address of the promoters/

directors/ partners/ members of HUF, as the case may be, will be submitted before

making the bid.

ii. The bidder shall deposit amount, if any, specified as bid participation money in the

form of Demand Draft/online fund transfer in favour of HSIIDC and submit any other

information that may have been called for specifically, before participation in the

bidding process.

http://www.haryanaeprocurement.gov.in/


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18.4 Fixation of Reserve Price

i. The reserve price of a commercial site will be based on the price of Industrial plot

in the respective estate in the 1st instance. For F.A.R. up to 175%, the reserve

price of a commercial site will be three times the price of Industrial plot in the

respective estate. For every additional FAR of 25%, the reserve price will be

increased by 50% of the allotment price of industrial plot of the respective estate.

ii. The reserve price for a subsequent auction will be fixed on the basis of average

realization received of the previous auction. However, in cases where it is

observed, on basis of market survey, that there is substantial difference between

the reserve price and the market price, the reserve price will be fixed keeping in

view the market price in the area.

iii. Wherever commercial sites are put to auction and the auction does not succeed on

account of higher reserve price during a financial year, the Corporation may reduce

the reserve price by 20% for the next auction. In case no bid is received after such

20% reduction, the matter will be placed before the BoD/HSIIDC for decision.

iv. In case of sites for wayside amenities, the reserve price will be 2.5 times the

allotment rate of Industrial plots in that particular estate.

18.5 Mode of Payment

i. In case of auction, the bidding would be plot/site specific and the bidders shall get

themselves registered on the specified auction portal before the closing date as

well as deposit the earnest money/e-auction fee as specified;

ii. The bidder giving the highest bid would be required to on-line deposit the amount

equivalent to 10% of his quoted bid amount within 24/48 hours from the closing

time of bid as prescribed, failing which his bid would stand rejected and the

earnest money would be forfeited by HSIIDC, however, in case of voice auction, the

bidder would be required to deposit the amount equivalent to 10% of his quoted bid

amount at the fall of hammer.

iii. In case the highest bidder, after submission of bid, backs out, then the amount

already deposited shall stand forfeited.

iv. Upon issuance of Regular Letter of Allotment (RLA), the allottee will further be

required to deposit 15% of the total price of the site within 30 days from the date

of issuance of RLA. This period will be further extendable by 30 days after obtaining

specific written approval from the HSIIDC in which case allottee will be required to

deposit 15% cost of site along with penal interest @ 13% per annum for the

extended period.


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v. In case the allottee fails to deposit 15% of the price of the site within the

stipulated/ extended period, the 10% of the total price of site deposited as earnest

money at the time of auction shall stand forfeited by the HSIIDC. However

proposal, if any, for acceptance of 15% amount towards price of plot beyond 60

days shall be placed before the BoD/HSIIDC on a case to case basis.

vi. Thereafter the balance 75% amount can be paid in lump sum without any interest

within 60 days from the date of issue of the allotment letter or in ten equal half-





period.

vi. In case two consecutive instalments are not paid, the site is liable to be resumed.

18.6 Period for Project Implementation

i. For sites measuring 1 acre and above:

a. The allottee will have to complete construction after getting the plans

approved from the competent authority. The allottee shall be required to

complete the construction of at least 25% of the permissible covered area

and obtain Occupation certificate from the competent authority within 7

years from the date of offer of possession. The allottee shall have the

liberty thereafter to construct balance permissible covered area as per his

requirement subject to his getting the building plans revised from the

competent authority. In case the allottee fails to complete at least 25% of

the permissible covered area and obtain Occupation certificate within a

period of 7 years from the date of offer of possession, allottee can avail 5

yearly extensions subject to payment of extension fee as detailed in clause

18.7 failing which the site is liable for resumption.

b. The period for project implementation as per (a) above will not be

available for sites auctioned on the basis of RFPs and they will be governed

by the terms & conditions of respective auction.

ii. For other sites:

a. Single/Double storey booth, Double/Triple Storey SCO sites:

Allottee shall be required to complete the construction and obtain

Occupation certificate from the competent authority within a period of 5

years from the date of offer of possession. Project shall be deemed to be

completed once the allottee has constructed ground floor of the building.


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Once allottee completes the ground floor (including basement, if

permissible) then no extension fee shall be charged. Additional five yearly

extensions can be availed subject to payment of extension fee as detailed

in clause 18.7.for project completion.

b. For other Commercial sites below 1 acre:

Allottee will have to complete the construction of minimum 25% of the

total permissible covered area and obtain occupation certificate from the

competent authority within 5 years from the date of offer of possession of

the site after getting the building plans approved from the competent

authority. Project shall be deemed to be complete once allottee has

constructed minimum 25% of permissible covered area. Further, five yearly

extensions can be availed subject to payment of extension fee as detailed

in clause 18.7.

iii. In case of non-completion of construction/not obtaining Occupation certificate

within the stipulated/extended period, the site/plot will be liable for resumption.

18.7 Extension Fee

The allottees can seek extension to complete the construction by paying the yearly

extension fee as detail below:-

Particulars Block-I 1st year

Block-II 2nd & 3rd year

Block-III 4th & 5th year

Category A Rs.40/-psm per year Rs.60/-psm per year Rs.100/-psm per year

Category B & C Rs.20/-psm per year Rs.30/-psm per year Rs.50/-psm per year

Note: Service Tax and normal interest w.e.f. due date shall be payable in addition.

18.8 Transfer of Site

i. The transfer of commercial plots wherein either full payment has already been

made or laid down/schedule of payment of instalments is over shall be allowed only

through execution of conveyance deed/sale deed.

ii. In other cases wherein full payment of the plot has not so far been made /

Schedule of payment of instalments is not yet over, a maximum of up to four

transfers shall be allowed before final payment and subject to the condition that

the allottee has made at least 25% payment towards price of the site.

iii. Prior written approval of the HSIIDC is mandatory in all cases. There will be no

restriction on number of transfers, however, the transferee shall have to complete

the construction within the time-lines available to the original allottee.


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iv. In case the site is disposed of by way of limited auction, stipulating minimum

eligibility criteria, to be eligible for participation in the auction, the Corporation

may consider transfer in such cases, subject to the condition that the proposed

transferee / members of consortium, as the case may be, meet the eligibility

criteria as prescribed at the time of limited auction. However, execution of

conveyance deed is mandatory.

18.9 Transfer Fee

i. In case of transfer effected under Clause 18.8 (i), no transfer fee shall be charged

and only processing fee of Rs.25,000/- shall be payable for each transfer.

ii. In other cases i.e. clause 18.8 (ii), transfer fees at double the rate of transfer fees

applicable to industrial plots of that particular estate shall be charged.

18.10 Resumption of Site

i. In the event of breach of any condition, the Corporation may resume the site after

giving opportunity of personal hearing.


refund of the amount deposited towards the price of the plot, after deducting 10%

of the price of the plot, without any interest. Further, the interest/penal interest

deposited by the allottee shall also be forfeited. In addition to the above,

maintenance, water/sewer charges, in default, if any, shall also be deducted from

the refundable amount. In cases where the plot is resumed along with the structure

constructed thereon, the allottee shall be at liberty to remove such structure from

the plot at his own cost within a reasonable time of three months, failing which the

Corporation may get the cost of construction of the building assessed from

approved Valuer/ Chartered Engineer and pay this amount to the erstwhile

allottee. In such cases, the re-allotment price of the plot will be inclusive of the

amount so paid by the Corporation to the erstwhile allottee.

iii. An appeal against resumption of plot shall lie before the committee headed by



as the other members. The appeal shall be filed in the office of Administrative

Secretary of the Industries Department, Govt. of Haryana, within 90 days of the

resumption order.


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18.11 Surrender of Site:

Wherever an allottee surrenders the plot any time after the issuance of Regular Letter of

Allotment, the Corporation will refund the principal amount deposited by the allottee,

without any interest, after deducting 10% of the bid amount, within a period of 30 days of

the receipt of surrender request. The interest/penal interest deposited by allottee will also

be forfeited.

18.12 Other Terms & Conditions:

i. The HSIIDC shall have the right to accept/reject any bid or withdraw any property

from auction on the spot without assigning any reason.

ii. No enhanced cost would be charged.

iii. The site shall continue to belong to HSIIDC until the entire bid money together with

interest and other amount due to HSIIDC on account of sale of site is paid and Deed

of Conveyance in favour of allottee is executed. The allottee shall have no right to

transfer the site or create any right/title/interest thereon without prior written

permission of HSIIDC even after execution of Deed of Conveyance. The allottee

shall have the right to mortgage the plot in favour of banks/FIs subject to the

condition that the HSIIDC shall have first charge on the plot for recovery of its dues

and the charge of the bank/FI shall be second/sub-servient. Further, the allottee

shall get the deed of conveyance executed in its favour before creating mortgage

of the plot/shed. The mortgage to be created by the allottee in favour of Bank/FI

shall be without prejudice to the rights of the Corporation in terms of the

RLA/deed of conveyance in respect of the plot/shed in question. In the event of

auction of the property by the bank/FI for recovery of its dues, the Bank/auction

purchaser shall be required to clear the dues of the Corporation in respect of the

plot as the purchaser shall be stepping into the shoes of the allottee. The auction

purchaser shall utilize the plot/premises for permissible activities only and in case

the project was not completed by the allottee, the auction purchaser shall be

required to complete his project within two years of re-allotment of plot in its

favour, failing which the provisions relating to grant of extension as provided in

clause 18.7 of EMP shall be applicable.




iv. On payment of 100% price of the plot/ building, the Deed of Conveyance in the




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v. The allottee shall have to pay all general and local taxes, rates or cesses imposed

or assessed on the said site by the competent authority, including maintenance

charges.

vi. The site shall not be used for any purpose other than that for which it has been

allotted. No nuisance activity shall be carried out on the site.

vii. The site shall not be sub-divided or fragmented under any circumstances.

viii. The HSIIDC shall not be responsible for levelling of uneven sites and the site will be

auctioned on ‘as is where is basis’.

ix. Allottee shall not make any alterations/additions to the structure erected on the

site without prior/explicit written permission of competent authority.


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Chapter 19

Dwelling units & Dormitories for Industrial Workers

The Corporation has developed a number of Industrial Estates in the State of Haryana. Recognizing

the need for provision of decent and affordable housing for workers employed in the Industrial

Units located in the area, it has been decided to make provision for Industrial Worker Housing

facilities in the IMTs/ larger Industrial Estates. These campuses would consist of individual

residential units as well as dormitories. Initially, the said housing units have been constructed at

Industrial Model Township (IMT) Manesar & I.E. Kundli, but the concept is being replicated in other

Estates/IMTs as well. The Industrial workers housing project can be executed by HSIIDC, Haryana

Housing Board, through Public Private Partnership mode or by way of allotment of land to private

developer(s).

The allotment, transfer & other issues pertaining to the said residential units allotted by HSIIDC

shall be governed by the following guidelines: -

19.1 Eligibility for Allotment:

i. Allotment of Industrial worker housing unit(s) shall be made to an allottee of an

Industrial plot in the respective Industrial Estate/IMT of the Corporation, who has

commenced production activity on the plot.

ii. Allottees of Institutional plots who have started operations will also be eligible.

iii. Employees of Industrial/Institutional allottees, who have commenced

productions/started operations (in the case of Institutional allottees) will also be

eligible to apply.

iv. Workers/employees will be considered for allotment of dwelling units only.

v. An allottee of industrial/institutional plot shall be eligible for allotment of

maximum four Dormitory units.

19.2 How to Apply:

i. An advertisement detailing the number of residential units (single room/ Dormitory)

available for allotment, tentative cost of each unit, procedure for making

application, date of opening & closing of scheme etc. will be released in the

leading newspapers.

ii. Interested parties will be required to complete the prescribed application form and

deposit it along with 10% tentative price of the residential unit;


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i. The allotment of residential units shall be made by holding draw of lots for the

eligible applicants for each category of units. The draw will be held within 60 days

of closing date of scheme.

ii. The letters intimating member of units allotted to the successful applicants &

refund of application money to the unsuccessful applicants will be dispatched

within 60 days of the date of draw. No interest will be paid on the application

money/refund amount;

iii. Although there will be no restriction for an existing allottee of a housing unit(s) to

apply under a subsequent scheme to meet his requirements, preference will be

given to applicants who have not been allotted residential units in earlier schemes.

iv. Multiple applications by a single allottee will not be allowed/ accepted.

19.4 Pricing of Dwelling Units / Dormitory

The allotment price of the residential units will be fixed after taking into account the cost

of land, development cost, interest, maintenance cost, or any other cost as may be found

to be attributable to the construction of such units. The allotment price will be approved

by the competent authority.

19.5 Payment Terms

i. Earnest money equivalent to 10% of the tentative price is to be deposited along

with the application;

ii. Upon issuance of Regular Letter of Allotment (RLA), the allottee will further be

required to deposit 15% of the total price of the unit within 30 days from the date

of issuance of RLA. This period will be further extendable by 30 days after obtaining

specific written approval from the HSIIDC in which case allottee will be required to

deposit 15% cost of unit along with penal interest @ 13% per annum, compounded

half yearly for the extended period.

iii. In case the allottee fails to deposit 15% of the price of the unit within the

stipulated/ extended period, the allotment shall be cancelled and the earnest

money, deposited along with the application shall be refunded. However MD/HSIIDC

can accept 15% amount towards price of unit beyond the permissible 60 days period

up to 120 days from the date of allotment by charging interest @ 13% per annum.


can accept the 15% amount towards price of unit beyond the 120 days period



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iv. Thereafter the balance 75% amount can be paid in lump sum without any interest



year shall carry interest @ 11% per annum on the remaining amount of price of unit



period. A default of more than 2 consecutive instalments shall render the unit

liable for resumed.

v. No enhancement would be charged by the HSIIDC from the allottees who are

allotted unit(s) on or after 16.10.2015. However, the existing allottees, who have

been allotted units before coming in to force of EMP-2015, shall be required to pay


have been allotted units before coming into force of EMP-2015, any additional price

of the unit, as a consequence of enhancement in compensation that has been/may





the payment on account of enhanced cost in six half-yearly equal instalments due

on 30th June & 31st December, with interest @ 11% per annum. on the balance

amount outstanding. Default in payment of instalments shall entail interest @ 13%

per annum for the defaulted period on the defaulted amount, compounded half

yearly. A default of more than 2 consecutive instalments shall render the unit liable

for resumption.








iv. The possession of the residential units will be offered on completion of the

construction works, with all attendant facilities.

19.6 Surrender of the Unit:

No surrender of unit shall be allowed.


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19.7 Transfer of the Residential Unit:

i. The residential unit shall continue to belong to the Corporation until the entire

consideration money, together with interest and other amount, if any, due to the

Corporation on account of allotment of unit is paid. Allottee shall have no right of

transfer the unit by way of sale, gift or otherwise or create any right, title or

interest thereon till the full price is paid to the Corporation;

ii. On payment of 100% price of the unit, the Deed of Conveyance in the prescribed

form and in such manner as may be directed by HSIIDC shall be executed. The

charges for registration and stamp duty will be paid by the allottee. Execution of

conveyance deed will be mandatory within one year of making payment of full price

of the plot, including enhanced cost, after clearance of all types of dues of the

Corporation. In case of failure to do so, the execution of conveyance deed shall

attract payment of stamp duty on the value of the property calculated at the

prevailing collector rate in case the same is higher than the allotment rate plus

applicable enhanced cost. In the existing cases where full cost of the plot including

enhanced cost, if any, has been deposited, the allottees can get the conveyance

deed executed by 30.06.2017 after clearance of all types of dues of the

Corporation, as per existing practice and thereafter the revised provision of

payment of stamp duty shall be applicable.

iii. The unit shall be transferable to eligible entities as per clause 19.1 after execution

of conveyance deed, with the prior written permission of Corporation. The transfer

fee for first transfer shall be as under:

Sr. No. Particulars Amount (Rs.)

a. Dwelling Unit 15,000/-

b. Dormitory Unit 60,000/-

iv. Subsequent / Family transfer and transfer in case of death shall be allowed on

payment of applicable processing fee.

v. Application for transfer of unit shall be made along with original allotment letter,

Undertaking of the proposed transferee for compliance of terms and conditions of

allotment and payment of enhanced compensation and other dues payable to the

Corporation from time to time, self-attested Photographs of transferee or

authorized signatory, PAN card of the transferee.

On submission of the above documents, provisional permission for transfer will be

granted and the re-allotment letter in favour of the transferee will be issued after payment

of transfer/processing fee at the applicable rate; furnishing of Indemnity bond by allottee

that he will indemnify Corporation in case the Corporation suffers any loss on account of


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the said transfer; Copy of Sale Deed in favour of the transferee & any other document

specifically demanded.

19.8 Resumption of the Unit:

i. The HSIIDC will be competent to resume said unit in its Estates in case an allottee

defaults in complying with the terms and conditions of allotment.

ii. Upon resumption of unit, the allottee would be entitled to refund of the amount

deposited towards the price of the unit including interest and penal interest, if any,

deposited by the allottee on instalments, without any interest by the Corporation,

after deducting 10% of the price of the unit. In addition to the above, maintenance,

water/sewer charges, in default, if any, shall also be deducted from the refundable

amount.

iii. An appeal against resumption of unit shall lie before the Committee headed by



as the other members. The appeal, wherever preferred, may be filed in the office

of Administrative Secretary of the Industries Department, Govt. of Haryana, within

a period of 90 days of the resumption order.

19.9 General Conditions:

i. The unit shall not be used for any purpose other than for which it has been

allotted. The allottee shall not make any alteration/ modification/ addition in the

unit and no fragmentation of the same shall be permitted;

ii. Clubbing of two units shall not be permissible; (The allottee shall not make any

structural changes in the dwelling units that may have an adverse effect on the

structural safety of the building.)

iii. If the allottee appoints any attorney (without right of disposal/transfer of the

property), he/she/they shall submit a certified copy of the Registered Power of

Attorney along-with the photograph and signatures of the allottee duly attested by

the Executive Magistrate within a week from the registration of deed by Regd. A/D

post or in person. The attorney so appointed shall have no right to effect the

transfer through General Power of Attorney;

iv. The allotment shall be governed by the terms and conditions as laid down in the

Allotment letter and Estate Management Procedures of HSIIDC with regard to the

said units as applicable from time to time. The policy changes and guidelines

issued from time to time regarding transfer charges etc. or any other issue

pertaining to the allotment of the said unit shall be binding on the allottee;


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v. The allottee shall pay the maintenance charges as per the demand of HSIIDC;

vi. The allottees can constitute their own committee/association to maintain the

complex/community kitchen etc.

vii. The allottee will be required to get the unit insured till the full payment/execution

of conveyance deed. The insurance policy should be endorsed in favour of HSIIDC.

viii. The allottees of Industrial plots who have given their unit on lease shall not be

eligible for applying for allotment of industrial housing units (Dwelling Unit

/dormitory).


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Haryana Government Industries Department

NOTIFICATION

Dated 13th March, 2007

No. 49/40/07-4IBI: In partial modification of the notification issued by Govt. vide no. dated

6.6.2005, the Governor of Haryana is pleased to order that entrepreneurs with disabilities as

defined in the Persons with Disabilities (Equal Opportunities, protection of Right and Full

Participation) Act, 1995 shall be allotted industrial plot on preferential basis up to 2% of the total

number of industrial plots available for allotment for the establishment of industrial unit. However,

same price of plot would be charged as applicable to general category. The interest on instalments

to be paid shall be 7% and the penal interest, if any, shall be @ 11%. A person with disabilities shall

be eligible for allotment of industrial land if:

he is a bona-fide resident of Haryana for the last three years preceding the date of application. For this, the

i) applicant shall have to give sufficient proof viz. name in the voter’s identity card,

ration card, electricity connection, water connection etc.

ii) he has attained the age of 18 years on the date of application;

iii) he has not been allotted any industrial plot earlier in his/ her name or in the name of

his /her spouse;

iv) he is a person with disability as defined in the Persons with Disabilities (Equal

Opportunities, Protection of Right and Full Participation) Act, 1995 and a certificate to

this extent is issued by the Disability Board Constituted for the said purpose by the

State Govt. of Haryana.

The difference in amount due to less rate of interest on instalments shall be paid by the

Department of the developing agency.

The policy shall come into force with immediate effect.

P.K. Chaudhery Financial Commissioner and Principal Secretary

to Govt. Haryana, Industries Department Chandigarh